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UNITED STATES v. KELLY

No. 73-1935.

500 F.2d 72 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Willie Alro KELLY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 9, 1974.

Attorney(s) appearing for the Case

Larry T. Miller, Robert J. Schmoll, Jr., Fort Wayne, Ind., for defendant-appellant.

John R. Wilks, U. S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Before FAIRCHILD, CUMMINGS and STEVENS, Circuit Judges.

CUMMINGS, Circuit Judge.

A two-count indictment was returned against defendant, charging him with distributing heroin on April 12 and May 1, 1973, in violation of 21 U.S.C. § 841(a)(1).1 The jury found him guilty on both counts. He was given a 10-year sentence on Count I, plus a 3-year special parole term. An identical concurrent sentence was imposed on Count II.

The only issue raised on appeal is whether a portion of the...

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