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UNITED STATES v. MILNE

No. 74-1253 Summary Calendar.

498 F.2d 329 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Marshall Crosby MILNE, a/k/a Phillip C. Gordon, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 8, 1974.

Attorney(s) appearing for the Case

Aaron A. Green, Gainesville, Fla. (Court-appointed), for defendant-appellant.

William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., Clinton Ashmore, Stewart J. Carrouth, Asst. U. S. Attys., Tallahassee, Fla., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.

PER CURIAM:

Appellant was tried before a jury, and sentenced after conviction of two counts of distribution of heroin, a Schedule II controlled substance, in violation of Title 21 U.S.C. Sec. 841(a)(1).1

On appeal Milne contends (1) that the trial judge abused his discretion by not permitting, upon his request, a bifurcated trial as to the separate issues raised by his defense of not guilty and his separate defense of mental incompetency...

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