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UNITED STATES v. FERN

No. 72-1284.

484 F.2d 666 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. William FERN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 20, 1973.

Attorney(s) appearing for the Case

Lawrence S. Galka, Robert S. Bailey, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before STEVENS, Circuit Judge, GRANT, Senior District Judge, and GORDON, District Judge.

GRANT, Senior District Judge.

William Fern was convicted by the court below of knowingly possessing a quantity of heroin and opium in violation of 21 U.S.C. § 841(a) (1). He was sentenced to the custody of the Attorney General for five years imprisonment. Defendant was tried by the district court on the basis of stipulated evidence which had been adduced at a pre-trial hearing on a motion to suppress, the motion having...

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