UNITED STATES v. CUMMINGS

No. 72-1369.

468 F.2d 274 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Bill Lee CUMMINGS, etc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 10, 1972.


Attorney(s) appearing for the Case

Annette Quintana (argued), Las Vegas, Nev., for defendant-appellant.

Daniel E. Ahlstrom, Asst. U. S. Atty. (argued), Alan B. Andrews, Asst. U. S. Atty., Joseph L. Ward, U. S. Atty., Las Vegas, Nev., for plaintiff-appellee.

Before DUNIWAY, CARTER and GOODWIN, Circuit Judges.


DUNIWAY, Circuit Judge:

Cummings, the owner and operator of B & N Pharmacy in Las Vegas, Nevada, stands convicted on all counts of a three-count indictment returned on August 3, 1971. Count I charged failure to keep accurate records of his retail sales of the drug tuinal, in violation of 21 U. S.C. §§ 360a(d)(1) and 331(q)(4); Count II charged failure to prepare and keep accurate records of his retail sales...

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