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UNITED STATES v. MILLER

No. 73-1083.

492 F.2d 37 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Ernest Wesley MILLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 8, 1974.

Attorney(s) appearing for the Case

Ray Gene Smith, Wichita Falls, Tex., (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Robert G. Darden, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, and DYER and SIMPSON, Circuit Judges.

DYER, Circuit Judge:

By its order dated October 15, 1973, the Supreme Court of the United States vacated our judgment affirming Miller's conviction of possession with intent to distribute 240 pounds of marihuana in violation of 21 U.S.C.A. § 841(a) (1), and remanded the cause to this Court for further consideration in light of Almeida-Sanchez v. United States, 1973, 413 U.S. 266, 93 S.Ct. 2535, 37 L.Ed.2d 596.

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