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UNITED STATES v. NEWTON

No. 74-1560.

510 F.2d 1149 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Tommie Lee NEWTON and Willie Stokes, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 13, 1975.

Rehearing Denied June 18, 1975.

Attorney(s) appearing for the Case

Robert S. Bailey, Chicago, Ill., for defendants-appellants.

James R. Thompson, U. S. Atty., Gary L. Starkman and Ann C. Tighe, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before HASTINGS, Senior Circuit Judge, and CUMMINGS and STEVENS, Circuit Judges.

HASTINGS, Senior Circuit Judge.

Defendants-appellants Tommie Lee Newton and Willie Stokes were tried and convicted on a single count of an indictment charging a violation of Title 21, U.S.C. § 841(a)(1).1 The count charged that defendants "knowingly and intentionally did possess with intent to distribute approximately 1,077 grams [2.2 pounds] of a substance containing heroin, a Schedule I Narcotic Drug Controlled Substance." Following...

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