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UNITED STATES v. KELLEY

No. 72-1272.

476 F.2d 211 (1973)

UNITED STATES of America, Appellee, v. Michael F. KELLEY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided March 30, 1973.

Attorney(s) appearing for the Case

Ira L. Schreiber, Providence, R. I., with whom Schreiber, Clingham & Gordon, Providence, R. I., were on brief, for appellant.

Paul F. Ware, Jr., Asst. U. S. Atty., with whom Joseph L. Tauro, U. S. Atty., was on brief, for appellee.

Before COFFIN, Chief Judge, ALDRICH and McENTEE, Circuit Judges.

PER CURIAM:

Appellant was convicted of violating and conspiring to violate 26 U.S.C. § 4705(a), now repealed by Pub.L. 91-513, Title III, § 1101(b)(3)(A), October 27, 1970, 84 Stat. 1292, by dealing in cocaine not in pursuance of a written order form issued for that purpose. His conviction was affirmed in United States v. MacDonald, 455 F.2d 1259 (1st Cir. 1972). Subsequently, he alleged that the sentence was illegal in...

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