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UNITED STATES v. DUPART

No. 73-1606. Summary Calendar.

483 F.2d 1393 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Floyd DUPART, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 15, 1973.

Attorney(s) appearing for the Case

Dean A. Andrews, Jr., New Orleans, La., for defendant-appellant.

Gerald Gallinghouse, U. S. Atty., New Orleans, La., for plaintiff-appellee.

Before GEWIN, COLEMAN and MORGAN, Circuit Judges.

COLEMAN, Circuit Judge:

A jury has convicted Floyd Dupart of distributing heroin (8 counts) and of possession with intent to distribute, all in violation of 21 U.S.C. § 841(a).

In response to the appellate contentions, we note that the statute is Constitutional, United States v. Lopez, 5 Cir., 1972, 459 F.2d 949; that there was no abuse of discretion in the denial of a requested continuance, United States v. Gower, 5...

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