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UNITED STATES v. SHIMA

No. 76-1778.

545 F.2d 1026 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. William Judson SHIMA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 24, 1977.

Attorney(s) appearing for the Case

Tom S. McCorkle, Jr., Dallas, Tex. (Court-appointed), for defendant-appellant.

Michael P. Carnes, U. S. Atty., John W. Sweeney, Jr., Asst. U. S. Atty., Fort Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., for plaintiff-appellee.

Before COLEMAN, AINSWORTH and INGRAHAM, Circuit Judges.

COLEMAN, Circuit Judge.

The grand jury indicted the appellant as follows:

"On or about September 17, 1975, at Dallas, Texas, in the Dallas Division of the Northern District of Texas, WILLIAM JUDSON SHIMA, defendant, knowingly and intentionally did possess with the intent to distribute approximately 7113.1 grams of a plant material containing lysergic acid amide, a Schedule III controlled substance. "A violation of Title 21, United States Code, Section...

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