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UNITED STATES v. STEPHENSON

No. 72-2400.

474 F.2d 1353 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Obadiah STEPHENSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

March 19, 1973.

Attorney(s) appearing for the Case

Jack C. Ciolino, New Orleans, La. (Court-Appointed), for defendant-appellant.

Gerald J. Gallinghouse, U. S. Atty., Harry Hull, Jr., Mary Williams Cazalas, Asst. U. S. Attys., New Orleans, La., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

Stephenson was named as the sole defendant in a three-count indictment for possession of heroin. The first count charged him with possession of approximately 25 grams of heroin contained in 233 glassine envelopes in violation of 21 U.S.C.A. § 174. Counts two and three charged him with the possession of the same quantity of heroin in violation of 26 U.S.C.A. §§ 4704(a) and 4724(c) respectively. Stephenson was tried by a jury and...

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