UNITED STATES v. MONTGOMERY

No. 74-1314.

503 F.2d 55 (1974)

UNITED STATES of America, Appellee, v. Cleon MONTGOMERY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 25, 1974.

Certiorari Denied January 27, 1975.


Attorney(s) appearing for the Case

Stephen Greenberg, Omaha, Neb., for appellant.

Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., for appellee.

Before LAY, ROSS and WEBSTER, Circuit Judges.


Certiorari Denied January 27, 1975. See 95 S.Ct. 830.

LAY, Circuit Judge.

Defendant Cleon Montgomery appeals his one-count conviction for knowingly and intentionally distributing a controlled substance (heroin) in violation of 21 U.S.C. § 841(a) (1). The district court sentenced him to five years imprisonment followed by a special three-year parole term under 21 U.S.C. § 841(b)(1)(A). Defendant, through appointed counsel, urges that the trial court...

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