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UNITED STATES v. FERGUSON

Nos. 72-1369, 72-1370.

498 F.2d 1001 (1974)

UNITED STATES of America v. Walter E. FERGUSON, Appellant. UNITED STATES of America v. Walter Edward FERGUSON, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 16, 1974.

As Amended April 16, 1974.

Rehearing Denied July 17, 1974.

Certiorari Denied October 21, 1974.

Attorney(s) appearing for the Case

David G. Larimer, Asst. U. S. Atty., with whom Harold H. Titus, Jr., U. S. Atty., and John A. Terry, Asst. U. S. Atty., were on the brief, for appellee.

George B. Driesen, Washington, D. C. (appointed by this Court), for appellant.

Before BAZELON, Chief Judge, WILKEY, Circuit Judge, and GASCH, United States District Judge of the United States District Court for the District of Columbia.

Rehearing En Banc Denied July 17, 1974.

Certiorari Denied October 21, 1974. See 95 S.Ct. 183.

GASCH, District Judge:

This case involves appellant's conviction for sale of narcotics under 26 U.S.C. §§ 4705(a), 4704(a), and 21 U.S.C. § 174. Appellant raises four questions, two of which are principal issues here: first, whether the trial court erred in not dismissing the indictments on the grounds that the government failed to fulfill its...

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