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UNITED STATES v. LEAPHART

No. 74-1552.

513 F.2d 747 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. John LEAPHART, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided April 8, 1975.

Attorney(s) appearing for the Case

Richard D. Simpson, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., and Thomas A. Hamill, Asst. U. S. Atty., on the brief), for plaintiff-appellee.

David J. Phillips, Asst. Federal Defender (John O. Martin, Asst. Federal Defender, on the brief), for defendant-appellant.

Before BREITENSTEIN, McWILLIAMS and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

In this case the defendant was convicted of two counts charging sale of a controlled substance, to-wit, heroin, contrary to 21 U.S.C. § 841(a)(1). He was sentenced concurrently.

There is no dispute in the evidence as to the sales. Purchases were made by an individual who cooperated with the Drug Enforcement Administration. In each case he was transported by the agents to the place of purchase, he was searched and was kept...

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