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UNITED STATES v. HOKER

No. 73-1810 Summary Calendar.

483 F.2d 359 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Frederick HOKER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 11, 1973.

Attorney(s) appearing for the Case

J. E. Tatum, Houston, Tex. for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

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

SIMPSON, Circuit Judge:

Hoker appeals from his conviction and sentence after guilty verdicts in a jury trial for two violations of the Controlled Substances Act: Count One for knowingly and intentionally possessing a controlled substance under Schedule I, 446 pounds of marijuana with intent to distribute1 on September 16, 1972, and Count Two for knowingly and intentionally importing into the United

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