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UNITED STATES v. HUFF

No. 74-2834.

512 F.2d 66 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray HUFF, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 28, 1975.

Attorney(s) appearing for the Case

P. Bruce Kirwan, Federal Public Defender, J. Hue Henry, Asst. Federal Public Defender, Atlanta, Ga., for defendant-appellant.

John W. Stokes, U. S. Atty., James E. Baker, Gale McKenzie, Asst. U. S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before BROWN, Chief Judge, and MURRAH and WISDOM, Circuit Judges.

MURRAH, Circuit Judge:

Appellant Huff was indicted, tried, convicted, and sentenced, on two counts for offenses enumerated in 21 U.S.C. § 841(a)(1). Count I charged that Huff alone "on the 15th day of January 1974 . . . did unlawfully distribute about one and one-half (1½) grams, net weight, more or less, of 3,4 methylenedioxy amphetamine, a Schedule I controlled substance." Count II charged that Huff and five others "on the 17th day of January, 1974 . ...

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