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UNITED STATES v. GARCIA

No. 72-3179.

476 F.2d 286 (1973)

UNITED STATES of America, Appellee, v. Jose Luis GARCIA, Appellant.

United States Court of Appeals, Ninth Circuit.

April 5, 1973.

Attorney(s) appearing for the Case

James M. Gattey, Gregorich, Gattey & Hunt, San Diego, Cal., for appellant.

Harry D. Steward, U. S. Atty., Stephen G. Nelson, Asst. U. S. Atty., Chief, Crim. Div.; James W. Meyers, Asst. U. S. Atty., San Diego, Cal., for appellee.

Before BROWNING and ELY, Circuit Judges, and SOLOMON, District Judge.

OPINION

PER CURIAM:

Garcia was convicted of two drug offenses proscribed by 21 U.S.C. § 174. His offenses were committed, and he was indicted, before May 1, 1971, the date when the Comprehensive Drug Abuse Prevention and Control Act of 1970, Pub.L. 91-513, 84 Stat. 1236, 21 U.S.C. § 801 et seq., became effective. That Act repealed the provisions of 26 U.S.C. § 7237(d), which had provided for mandatory sentences for offenses such as those committed...

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