UNITED STATES v. VIGIL

No. 71-1526.

458 F.2d 385 (1972)

UNITED STATES of America, Appellant, v. Sye Natividad VIGIL, Appellee.

United States Court of Appeals, Tenth Circuit.

March 27, 1972.


Attorney(s) appearing for the Case

Richard J. Spelts, Asst. U. S. Atty. (James L. Treece, U. S. Atty., with him on the brief), for appellant.

Carl L. Harthun, Denver, Colo., for appellee.

Before SETH and BARRETT, Circuit Judges, and MECHEM, District Judge.


SETH, Circuit Judge.

The defendant was originally indicted on an eight count indictment with other codefendants. The indictment charged violations of the narcotics laws, and Count VIII charged that the defendant carried a firearm unlawfully during the commission of the felonies in violation of 18 U.S.C. § 924(c). The trial court dismissed Count VIII before trial on the ground that the section referred to was not intended to, and did not, create a separate offense...

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