UNITED STATES v. TRUELOVE

No. 75-1079.

527 F.2d 980 (1975)

UNITED STATES of America, Appellant, v. William Carl TRUELOVE, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1975.


Attorney(s) appearing for the Case

Hunter W. Sims, Asst. U. S. Atty. (David H. Hopkins, U. S. Atty., Eastern Dist. of Va., on brief), for appellant.

William Eugene Buyrn, Chesapeake, Va. [Court-appointed counsel], for appellee.

Before HAYNSWORTH, Chief Judge, and CRAVEN and BUTZNER, Circuit Judges.


BUTZNER, Circuit Judge:

This appeal raises the question of whether a conviction for transporting untaxed marihuana is a prior conviction for the purposes of sentencing under the Comprehensive Drug Abuse Prevention and Control Act of 1970.1 We hold that it is.

William Carl Truelove pled guilty to a 1970 violation of 26 U.S.C. § 4744(a)(2)2 involving transportation...

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