UNITED STATES v. LUDWIG

No. 74-1046.

508 F.2d 140 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Carl O. LUDWIG, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided December 27, 1974.


Attorney(s) appearing for the Case

William W. Deaton, Jr., Albuquerque, N. M. (Jack L. Love, Federal Public Defender, Albuquerque, N. M., on the brief), for defendant-appellant.

Mark C. Meiering, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief), for plaintiff-appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and DOYLE, Circuit Judges.


LEWIS, Chief Judge.

Defendant was convicted of a violation of 21 U.S.C. § 841(a)(1), possession with intent to distribute marihuana, and was sentenced to three years' imprisonment and an additional parole term of two years. He contends that the judgment was prejudicially tainted by an illegal search, by a variance between the controlling statute and the proof as to the involved marihuana, by misconduct of the district attorney, and by an unlawful sentence.

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