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UNITED STATES v. MILNE

No. 73-1696.

487 F.2d 1232 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Marshall Crosby MILNE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 1973.

Attorney(s) appearing for the Case

Anderson E. Hatfield, III, Gainesville, Fla. (court appointed), for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Robert L. Crongeyer, Jr., J. Worth Owen, Asst. U. S. Attys., Pensacola, Fla., for plaintiff-appellee.

Before GEWIN, AINSWORTH and MORGAN, Circuit Judges.

GEWIN, Circuit Judge:

Marshall C. Milne appeals from the judgment of conviction pursuant to a jury verdict of guilty of the unlawful distribution of a controlled substance in violation of 21 U.S.C. § 841(a) (1).1 On February 6, 1973 he was sentenced to terms of imprisonment on the two counts of the indictment.2 Two issues are presented for our review. First, appellant contends that the trial court erred...

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