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UNITED STATES v. PEREA

No. 71-1550.

458 F.2d 535 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Ismael PEREA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 12, 1972.

Attorney(s) appearing for the Case

Robert N. Singer, Albuquerque, N. M., for defendant-appellant.

Richard J. Smith, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Mark B. Thompson III, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

Before HILL, SETH and BARRETT, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from an order of the United States District Court for the District of New Mexico entered on July 8, 1971, denying the motion of appellant for a new trial.

Appellant was charged in a two-count indictment with violation of 21 U.S.C. § 174, concealing a narcotic drug, and of 26 U.S.C. § 4705, selling same without a written order on a form issued by the Secretary of the...

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