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UNITED STATES v. MILLS

No. 23020.

463 F.2d 291 (1972)

UNITED STATES of America v. Harold E. MILLS, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided January 3, 1972.

Rehearing Denied January 13, 1972.

Attorney(s) appearing for the Case

Mr. Paul M. Craig, Jr., Washington, D. C. (appointed by this Court) for appellant.

Mr. Robert C. Crimmins, Asst. U. S. Atty., and Mr. David P. Smith, Atty., Department of Justice, with whom Messrs. Thomas A. Flannery, U. S. Atty. at the time the brief was filed, and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee. Mr. Roger E. Zuckerman, Asst. U. S. Atty., also entered an appearance for appellee.

Before FAHY, Senior Circuit Judge, and ROBINSON and ROBB, Circuit Judges.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was indicted in six counts charging violations of federal narcotic laws allegedly arising from three separate transactions on three different dates.1 On his motion, four counts based on two of the transactions were dismissed,2 and two jury trials, each on the two remaining counts, ensued. The first ended in a mistrial...

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