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UNITED STATES v. PENICK

No. 73-1608.

496 F.2d 1105 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Milton PENICK, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 8, 1974.

Attorney(s) appearing for the Case

Ronald R. Marich, Federal Defender Program, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., Royal B. Martin, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, and STEVENS and SPRECHER, Circuit Judges.

HASTINGS, Senior Circuit Judge.

Milton Penick was charged in a five count indictment on August 24, 1972. Each count alleged that he violated Title 21, U.S.C. § 841(a)(1)1 by distributing and possessing a Schedule I controlled substance as charged in Counts I, II, III and IV, and a Schedule III controlled substance as charged in Count V.

Count I involved approximately 3.25 grams of heroin; Count II, 6.9 grams of marijuana;...

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