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UNITED STATES v. GARNER

No. 73-1177.

499 F.2d 536 (1974)

UNITED STATES of America v. Cornelius GARNER, Appellant.

United States Court of Appeals, District of Columbia Circuit.

June 14, 1974.

Attorney(s) appearing for the Case

Dennis I. Meyer, Washington, D. C. (appointed by this court), was on the brief, for appellant.

Harold H. Titus, Jr., U. S. Atty. at the time the brief was filed, John A. Terry, John T. Kotelly, and Joel DuBoff, Asst. U. S. Attys., were on the brief, for appellee.

Before McGOWAN, ROBINSON and ROBB, Circuit Judges.

PER CURIAM:

The appellant was tried on an indictment in three counts alleging that he unlawfully distributed heroin and other substances in violation of 21 U.S.C. § 841(a). The first count alleged the distribution of 8079 milligrams of heroin and other substances on October 28, 1971, the second count alleged the distribution of 8080 milligrams on October 30, and the third count, 9282 milligrams on November 5. After deliberating for an hour and twenty minutes...

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