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UNITED STATES v. SMITH

No. 71-2037.

457 F.2d 368 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Willie SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

March 28, 1972.

Attorney(s) appearing for the Case

Sanford Rosenthal, Detroit, Mich. (Court-appointed), on brief for defendant-appellant.

Ralph B. Guy, Jr., U.S. Atty., Richard L. Delonis, Asst. U.S. Atty., Detroit, Mich., on brief for plaintiff-appellee.

Before PHILLIPS, Chief Judge, and CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

Donald Willie Smith appeals from his conviction on three counts of a six count indictment charging violation of moonshine whiskey laws. He waived a jury and was tried before District Judge Thomas P. Thornton, who entered a judgment of acquittal on three counts and found Smith guilty of: (1) possession and transportation of distilled spirits in containers which did not have requisite stamps, in violation of 26 U.S.C. § 5205(a)(2) and § 5604(a...

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