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UNITED STATES v. WILBURN

No. 76-1065.

549 F.2d 734 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. John Henry WILBURN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided February 15, 1977.

Rehearing Denied April 11, 1977.

Attorney(s) appearing for the Case

Drew C. Arena, Asst. U. S. Atty. (James L. Treece, U. S. Atty., Daniel T. Smith, Asst. U. S. Atty., Denver, Colo., on brief), for plaintiff-appellee.

Joseph Saint-Veltri of Davies & Saint-Veltri, Denver, Colo., for defendant-appellant.

Before BARRETT and DOYLE, Circuit Judges, and CHILSON, Senior District Judge.

CHILSON, Senior District Judge.

An indictment was returned December 3, 1970, charging the appellant-defendant with a violation of Title 26, U.S.C. § 4705(a), Sec. 7237, and Title 18, U.S.C. § 2. A guilty verdict was returned on November 25, 1975. From that conviction, defendant prosecutes this appeal.

Section 4705(a) provides:

"It shall be unlawful for any person to sell, barter, exchange, or give away narcotic drugs except in pursuance...

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