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UNITED STATES v. SUDDUTH

No. 71-1423.

457 F.2d 1198 (1972)

UNITED STATES of America, Appellant, v. Dale Edward SUDDUTH, Appellee.

United States Court of Appeals, Tenth Circuit.

March 27, 1972.

Attorney(s) appearing for the Case

Richard J. Spelts, Asst. U. S. Atty. (James L. Treece, U. S. Atty., with him on the brief), for appellant.

Tom W. Lamm, Denver, Colo., for appellee.

Before SETH and BARRETT, Circuit Judges, and MECHEM, District Judge.

SETH, Circuit Judge.

The defendant was charged in a two count indictment, Count I thereof being for the sale of heroin in violation of 26 U.S.C. § 4705(a). Count II charged that the defendant carried a firearm "unlawfully" during the commission of the felony charged in Count I in violation of 18 U.S.C. § 924(c). At the pretrial of the case the trial court dismissed Count II, D.C., 330 F.Supp....

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