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UNITED STATES v. BINGER

No. 71-2236.

469 F.2d 275 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Brian BINGER, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

October 24, 1972.

Attorney(s) appearing for the Case

Leonard W. Moen (argued), Quinby R. Bingham, Tacoma, Wash., for defendant-appellant.

Jerald E. Olson, Asst. U. S. Atty. (argued), Charles Pinnell, Asst. U. S. Atty., Stan Pitkin, U. S. Atty., Seattle, Wash., for plaintiff-appellee.

Before CHOY and GOODWIN, Circuit Judges, and SOLOMON, District Judge.

CHOY, Circuit Judge:

Brian Binger was convicted by a jury of the illegal transfer of opium and appeals. Count I charged the illegal distribution of 1.7 grams of opium without the required Treasury stamp, in violation of 26 U.S.C. § 4704(a). Counts II, III and IV charged the illegal distribution and sale of 2.1 pounds of opium, in violation of 21 U.S.C. § 174, 26 U.S.C. §§ 4704(a) and 4705(a). We affirm.

Binger asserts several errors, only...

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