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UNITED STATES v. ALLEN

No. 77-1192.

566 F.2d 1193 (1977)

UNITED STATES of America v. ALLEN, John Brett, Appellant.

United States Court of Appeals, Third Circuit.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Thomas Colas Carroll, Carroll, Creamer & Carroll, Philadelphia, Pa., Joseph Saint-Veltri, Denver, Colo., for appellant.

David W. Marston, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., William C. Fields, III, Asst. U. S. Atty., Philadelphia, Pa., for appellee.

Before GIBBONS and WEIS, Circuit Judges, and STEEL, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

John Brett Allen and two others were convicted of conspiracy to possess marijuana, with intent to distribute it, in violation of 21 U.S.C. §§ 841(a)(1) and 846.1 Before the trial, the government had filed an information charging that Allen was a second offender under the federal Controlled Substances Act and therefore liable to...

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