UNITED STATES v. SUDDUTH

No. 71-1600.

458 F.2d 1222 (1972)

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

United States Court of Appeals, Tenth Circuit.

April 20, 1972.


Attorney(s) appearing for the Case

Richard J. Spelts, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., on the brief) for plaintiff-appellee.

Tom W. Lamm, Denver, Colo., for defendant-appellant.

Before HILL, BARRETT and DOYLE, Circuit Judges.


BARRETT, Circuit Judge.

Sudduth was convicted by a jury on one count of a two-count indictment charging him with selling heroin not in pursuance of a written order in violation of 26 U.S.C. § 4705(a). Count II charged him with carrying a firearm "unlawfully" during the commission of a felony charged in Count I in violation of 18 U.S.C. § 924(c). Count II was dismissed by the trial court on the ground that it did not state a separate crime. The Government...

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