UNITED STATES v. KINSEY

No. 227, Docket 74-2014.

505 F.2d 1354 (1974)

UNITED STATES of America, Appellee, v. Gary KINSEY, Appellant,

United States Court of Appeals, Second Circuit.

Decided October 31, 1974.


Attorney(s) appearing for the Case

Frank R. Webster, Rochester, N.Y., for appellant.

Gerald J. Houlihan, Asst. U. S. Atty., (John T. Elfvin, U. S. Atty., for the W. D. N. Y., on the brief), for appellee.

Before DANAHER, FEINBERG and


MULLIGAN, Circuit Judges.

PER CURIAM:

After a jury trial before Harold P. Burke, J., in the United States District Court for the Western District of New York, Gary Kinsey was found guilty of possession, with intent to distribute, of approximately 107 pounds of marijuana in violation of 21 U.S.C. § 841(a)(1). On appeal, Kinsey claims it was error for the judge to have instructed the jury that the statutory definition of "marihuana," which is, in relevant...

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