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UNITED STATES v. HAYES

No. 72-1126.

477 F.2d 868 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Larry HAYES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 4, 1973.

Attorney(s) appearing for the Case

Robert L. Pitler, Denver, Colo., for defendant-appellant.

Paul D. Cooper, Asst. U. S. Atty., Denver, Colo. (James L. Treece, U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Before BARNES, HILL and HOLLOWAY, Circuit Judges.

HOLLOWAY, Circuit Judge.

Defendant-appellant Hayes and his co-defendant Hess were found guilty by a jury of unlawful sale and delivery of LSD in violation of 21 U.S.C.A. § 331(q)(2) (1968). Their convictions occurred on a retrial after prior convictions were set aside by this court. 10 Cir., 441 F.2d 542. Hess has not appealed his conviction and we are concerned only with that of Hayes.

The case against Hayes was submitted...

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