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UNITED STATES v. PIGMAN

No. 75-3518.

546 F.2d 609 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee PIGMAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 3, 1977.

Attorney(s) appearing for the Case

John G. Hyde, Midland, Tex. (Court appointed), for defendant-appellant.

John E. Clark, U. S. Atty., Wayne Speck, Ronald P. Guyer, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and GEE, Circuit Judges.

SIMPSON, Circuit Judge:

Robert Lee Pigman was tried by a jury on four counts of violating federal narcotics statutes. He was found guilty on three counts: (1) knowingly manufacturing about 112 ounces of a Schedule V controlled substance containing codeine phosphate which purported to be Robitussin A-C, in violation of Title 21, U.S.C., Section 841(a)(1), [Count Three]; (2) knowingly and unlawfully possessing approximately 741 ounces of Robitussin A-C, a Schedule V...

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