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UNITED STATES v. McCORMICK

No. 72-1271.

468 F.2d 68 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Stephen McCORMICK, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied October 31, 1972.

Attorney(s) appearing for the Case

Don J. Svet, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on brief), for appellee.

Nathan Davidovich, Denver, Colo., for appellant.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.

BARRETT, Circuit Judge.

Michael Stephen McCormick was convicted by a jury of knowingly and intentionally possessing marijuana in violation of 21 U.S.C. § 844. It was a lesser included offense within Count II of the indictment which jointly charged McCormick and one Robert Dan Sanchez with knowingly and intentionally possessing marijuana with intent to distribute same in violation of 21 U.S.C. § 841(a) (1) and 18 U.S.C. § 2. Count I charged them jointly...

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