Rehearing and Rehearing En Banc Denied August 7, 1973.
STEPHENSON, Circuit Judge.
Defendant, Kenneth Irby, was convicted by a jury verdict on two counts of violating 21 U.S.C. § 841(a)(1), knowingly and intentionally distributing approximately .31 grams of heroin, a controlled substance, and possessing heroin with the intent to distribute approximately 1.06 grams of the narcotic drug. On November 17, 1972, upon the jury's finding of guilty, defendant...
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