HEANEY, Circuit Judge.
Rafeal Wofford and Samuel Gibson were indicted for unlawfully distributing heroin in violation of 21 U.S.C. § 841(a)(1). The three-count indictment, one count for each sale, charged Gibson under Counts I and II and Wofford under Counts II and III.
The appellant, Wofford, was tried alone in February, 1977. This trial resulted in a hung jury. Wofford was retried in March, 1977, with the defendant Gibson. The jury found Wofford guilty...
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