UNITED STATES v. MILLER

No. 73-1741. Summary Calendar.

483 F.2d 61 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Rickey Lee MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 6, 1973.


Attorney(s) appearing for the Case

Oze R. Horton, Hapeville, Ga. (court appointed), for defendant-appellant.

John W. Stokes, Jr., U. S. Atty., Eugene A. Medori, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.


PER CURIAM:

Rickey Lee Miller was on October 30, 1972, indicted by a Northern District of Georgia grand jury under two counts for violation of Title 21, U.S.C., Section 841(a) (1), knowingly and intentionally distributing certain quantities of heroin hydrochloride, a Schedule I narcotic drug controlled substance, on two occasions in September 1972. It was then discovered that appellant was born on December 18, 1954, and was therefore 17 years of age at the time the...

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