No. 71-1801.

485 F.2d 1062 (1973)

UNITED STATES of America v. Sherman MARSHALL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1973.

Attorney(s) appearing for the Case

Joseph Onek, Washington, D. C. (appointed by this Court), for appellant.

Robert E. L. Eaton, Jr., Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., John A. Terry, and Warren L. Miller, Asst. U. S. Attys., were on the brief, for appellee. Thomas A. Flannery, U. S. Atty., at the time the record was filed also entered an appearance for appellee.

Before BAZELON, Chief Judge, and TAMM and LEVENTHAL, Circuit Judges.

LEVENTHAL, Circuit Judge:

Appellant was convicted on January 25, 1971, of violations of the narcotics statutes that were in effect prior to the Comprehensive Drug Abuse and Control Act of 1970 — namely, 21 U.S.C. § 174; 26 U.S.C. § 4704(a); 26 U.S.C. § 4705(a). The counts related to transfers of narcotics on February 19, 1971 and March 31, 1970. Appellant was sent for evaluation of possible sentencing under the Narcotic Addict Rehabilitation...

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