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UNITED STATES v. ROTHBERG

No. 851, Docket 73-1310.

480 F.2d 534 (1973)

UNITED STATES of America, Appellee, v. Mitchell ROTHBERG, Appellant.

United States Court of Appeals, Second Circuit.

Decided June 8, 1973.

Attorney(s) appearing for the Case

Michael H. Metzger, San Francisco, Cal., for appellant.

Guy L. Heinemann, Asst. U. S. Atty. (Robert A. Morse, U. S. Atty., E. D. N. Y., L. Kevin Sheridan, Asst. U. S. Atty., of counsel), for appellee.

Before SMITH, MULLIGAN and TIMBERS, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Appellant Rothberg, indicted for transporting, concealing and facilitating the transportation and concealment of illegally imported "hashish, a derivative of marihuana," in violation of 21 U.S.C. § 176a, in the United States District Court for the Eastern District of New York, John R. Bartels, Judge, offered to prove that the substance imported from Afghanistan was not Cannabis Sativa L., the definition of marihuana set forth in...

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