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UNITED STATES v. WADE

No. 74-1199.

502 F.2d 144 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Frank WADE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 27, 1974.

Attorney(s) appearing for the Case

Jerry Weiner, Columbus, Ohio, for defendant-appellant; Weiner, Lippe & Cromley, Columbus, Ohio, on briefs.

Curtis Griffith, Jr., Asst. U. S. Atty., Columbus, Ohio, for plaintiff-appellee; William W. Milligan, U. S. Atty., Columbus, Ohio, on briefs.

Before WEICK, EDWARDS and McCREE, Circuit Judges.

WEICK, Circuit Judge.

Appellant Wade was charged in Count I of an indictment with unlawfully possessing with intent to distribute approximately .8 grams of heroin (a Schedule I controlled substance), and in Count II with unlawfully possessing with intent to distribute 3.9 grams of cocaine (a Schedule II controlled substance), all in violation of Title 21 United States Code, Section 841(a)(1).

In his trial by jury Wade was convicted only of the lesser included...

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