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UNITED STATES v. HODGES

No. 72-1790.

480 F.2d 229 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Dr. Bruce E. HODGES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 21, 1973.

Attorney(s) appearing for the Case

Roger D. Stanton, Overland Park, Kan. (David K. Fromme, Kansas City, Kan., on the brief), for defendant-appellant.

Edward H. Funston, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty. and Glen S. Kelly, Asst. U. S. Atty., on the brief), Topeka, Kan., for plaintiff-appellee.

Before HILL and DOYLE, Circuit Judges, and BRATTON, District Judge.

HILL, Circuit Judge.

Appellant was charged in a six-count indictment of unlawfully having sold or caused to be sold and delivered to an agent of the Bureau of Narcotics and Dangerous Drugs (BNDD) six separate quantities of dl-methamphetamine HCL tablets, a "depressant or stimulant drug" within the meaning of 21 U.S.C. § 321(v)(2), in violation of 21 U.S.C. § 331(q)(2).1 Convictions were had on all counts following a jury trial...

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