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UNITED STATES v. WALLER

No. 74-1324.

503 F.2d 1014 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gloria Young WALLER, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 16, 1974.

Attorney(s) appearing for the Case

Norbert L. Wyss and Harold W. Myers, Fort Wayne, Ind., for defendant-appellant.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Before CUMMINGS, STEVENS and TONE, Circuit Judges.

PER CURIAM.

The defendant Gloria Young Waller was convicted in a bench trial under an indictment charging that she "knowingly and intentionally did distribute" five packets of heroin, a controlled substance, in violation of 21 U.S.C. § 841(a)(1). Her principal contention on this appeal is that the indictment charged her with "the actual distribution" of the heroin, and therefore she could not be convicted on proof that the heroin was physically handed to the...

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