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GOVERNMENT OF THE CANAL ZONE v. SCOTT

No. 73-3628.

502 F.2d 566 (1974)

GOVERNMENT OF THE CANAL ZONE, Plaintiff-Appellee, v. Michael Gilmore SCOTT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

October 4, 1974.

Attorney(s) appearing for the Case

Eric W. Schmidt, New York City (Court-appointed), Bruce C. Waltzer, New Orleans, La. (Court-appointed), Mark G. Murov, New Orleans, La., for defendant-appellant.

Lester Engler, U. S. Atty., Wallace D. Baldwin, Asst. U. S. Atty., Balboa, Canal Zone, for plaintiff-appellee.

Before WISDOM and CLARK, Circuit Judges, and GROOMS, District Judge.

WISDOM, Circuit Judge:

Michael Scott was convicted at a jury trial in the United States District Court for the District of the Canal Zone on two counts of knowingly or intentionally distributing cocaine, a controlled substance, in violation of 21 U.S.C. § 841(a) (1).1 He appeals from that conviction on the theory that he was deprived of his Fifth Amendment right to a grand jury indictment2 and that he...

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