No. 71-1980.

485 F.2d 1035 (1973)

UNITED STATES of America v. Milton A. HUNTER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 27, 1973.

Rehearing Denied September 20, 1973.

Attorney(s) appearing for the Case

John J. Sexton, Washington, D. C. (appointed by this Court), for appellant.

Joseph F. McSorley, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and John R. Dugan, Asst. U. S. Attys., were on the brief for appellee.

Before SOBELOFF, Senior Circuit Judge for the Fourth Circuit, and TAMM and LEVENTHAL, Circuit Judges.


By indictment filed September 21, 1970, appellant was charged in three counts with violations of the Federal and local narcotics laws. On Count I, which charged that Hunter had, in violation of 26 U.S.C. § 4704(a), "purchased, dispensed and distributed . . . a narcotic drug", there was an acquittal. Conviction was had only under Count II, a Jones-Miller Act offense, 21 U.S.C. § 174, which charged that Hunter had "received, concealed and facilitated...

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