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UNITED STATES v. WORKOPICH

No. 72-2676.

479 F.2d 1142 (1973)

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

United States Court of Appeals, Fifth Circuit.

June 5, 1973.

Attorney(s) appearing for the Case

J. V. Eskenazi, Federal Public Defender (court-appointed but not under Act), Theodore J. Sakowitz, Asst. Federal Public Defender, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., J. Daniel Ennis, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and WISDOM and AINSWORTH, Circuit Judges.

WISDOM, Circuit Judge:

John William Workopich was indicted and convicted on four counts of violating the Controlled Substances Law, 21 U.S. C. § 841.1 Court I charged that he possessed "about" 1 gram of heroin on June 2, 1972, with the intent to distribute it, and Count II charged its actual distribution on that date. Counts III and IV asserted a similar type possession and distribution of "about" 1.15 grams of heroin on June 9, 1972...

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