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UNITED STATES v. FANCUTT

Nos. 73-1410 to 73-1412.

491 F.2d 312 (1974)

The UNITED STATES of America, Plaintiff-Appellee, v. Nigel FANCUTT et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 5, 1974.

Rehearing Denied February 27, 1974.

Attorney(s) appearing for the Case

J. Terry Wiggins, Denver, Colo. (James L. Treece, U. S. Atty., J. Terry Wiggins, Asst. U. S. Atty., Denver, Colo., on the brief), for plaintiff-appellee.

Ronald A. White, Aurora, Colo., for defendants-appellants.

Before LEWIS, Chief Judge, and JONES and McWILLIAMS, Circuit Judges:

JONES, Circuit Judge:

The appellants, Nigel Fancutt, Kevin Smith and Paul Bushnell, together with Jeffery Whitfield, were charged in a one count indictment with the unlawful distribution of Lysergic Acid Diethylamide (LSD) in violation of 21 U.S.C.A. § 841(a) (1) and 18 U.S.C.A. § 2. A jury trial resulted in the conviction of the appellants. Their separate appeals have been consolidated.

Through an informer, Michael Franzen, David Hanks, an agent...

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