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UNITED STATES v. PINEDA-ESPINOZA

No. 26938.

455 F.2d 498 (1972)

UNITED STATES of America, Appellee, v. Francisco PINEDA-ESPINOZA, Appellant.

United States Court of Appeals, Ninth Circuit.

February 28, 1972.

Attorney(s) appearing for the Case

Manuel H. Garcia, Esq., Tucson, Ariz., for appellant.

Richard K. Burke, U. S. Atty., James M. Wilkes, Asst. U. S. Atty., Tucson, Ariz., for appellee.

Before ELY, WRIGHT and KILKENNY, Circuit Judges.

PER CURIAM:

Pineda-Espinoza, convicted by a jury of possession of heroin in violation of 21 U.S.C. § 174, appeals on the ground that the District Court erroneously refused to accept his plea of guilty to the offense of purchasing or selling narcotic drugs except in the original stamped package in violation of 26 U.S.C. § 4704(a). Prior to his trial on the one-count indictment charging the violation of 21 U.S.C. § 174, the accused appeared before the...

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