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UNITED STATES v. SMITH

No. 74-1034.

508 F.2d 1157 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Stephen R. SMITH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 1975.

Rehearing Denied February 4, 1975.

Attorney(s) appearing for the Case

Dom J. Rizzi, Chicago, Ill., for defendant-appellant.

Henry A. Schwarz, U. S. Atty., Joel V. Merkel, Asst. U. S. Atty., E. St. Louis, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, and FAIRCHILD and CUMMINGS, Circuit Judges.

FAIRCHILD, Circuit Judge.

Appellant Smith was convicted by a jury of four counts charging distribution and possession of Methylenedioxy Amphetamine (MDA) and of cocaine. 21 U.S.C. § 841(a)(1). Government proof tended to show a transfer April 1, 1973 of 32.09 grams MDA and .61 gram of cocaine. Appellant was sentenced to concurrent terms of five years, with confinement for six months and probation for the remainder.

Appellant Smith claimed at trial that...

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