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UNITED STATES v. MacDONALD

Nos. 71-1153, 71-1154, 71-1225.

455 F.2d 1259 (1972)

UNITED STATES of America, Appellee, v. Paul MacDONALD et al., Appellants.

United States Court of Appeals, First Circuit.

Decided February 16, 1972.

Certiorari Denied May 30, 1972.

Attorney(s) appearing for the Case

William P. Homans, Jr., Boston, Mass., with whom Featherston, Homans & Klubock and Thomas G. Shapiro, Boston, Mass., were on brief, for Paul MacDonald, appellant.

Ira L. Schreiber, Providence, R. I., for Michael F. Kelley, appellant.

Harvey A. Silverglate, Boston, Mass., with whom Zalkind & Silverglate, Boston, Mass., was on brief, for Lance H. Trott, appellant.

Paul F. Ware, Jr., Asst. U. S. Atty., with whom James N. Gabriel, U. S. Atty., was on brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

Certiorari Denied May 30, 1972. See 92 S.Ct. 2070, 2073.

COFFIN, Circuit Judge.

This is a consolidated appeal involving three defendants, MacDonald, Kelley and Trott, who were convicted in a jury trial of violating and conspiring to violate 26 U.S.C. § 4705(a) by dealing in cocaine not in pursuance of a written order form issued for that purpose.1 MacDonald and Kelley were sentenced on both the substantive and conspiracy counts...

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