RIVES, Circuit Judge:
Betner was adjudged guilty on a jury's verdict after trial under an indictment which charged that he "knowingly and intentionally did unlawfully distribute about 4.75 grams of heroin hydrochloride, a Schedule I narcotic drug controlled substance, in violation of Title 21, United States Code, Section 841(a) (1)."
Since the indictment charged unlawful distribution, it did not require proof that Betner sold or aided and abetted in the sale...
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