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UNITED STATES v. PIERCE

No. 73-1271.

491 F.2d 1253 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Flavis PIERCE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 12, 1974.

Attorney(s) appearing for the Case

J. Kimbrough Johnson (Court Appointed), Memphis, Tenn., for defendant-appellant.

J. Richard Buchignani, Asst. U. S. Atty., for plaintiff-appellee; Thomas F. Turley, Jr., U. S. Atty., Larry E. Parrish, Asst. U. S. Atty., W. D. Tenn., Memphis, Tenn., on brief.

Before EDWARDS, Circuit Judge, McALLISTER, Senior Circuit Judge, and JOINER, District Judge.

PER CURIAM.

Flavis Pierce was convicted on two counts of selling heroin in violation of Title 21, U.S.C. Section 841(a)(1), and 18 U.S.C. Section 2. He was sentenced to imprisonment for five years.

A police officer testified appellant had sold him a substance which was afterward identified as heroin. Contrary to appellant's vigorous argument, there was clearly substantial evidence to submit to the jury for their...

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