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UNITED STATES v. GODWIN

No. 76-1656.

546 F.2d 145 (1977)

UNITED STATES of America, Plaintiff-Appellant, v. Carlton Errol GODWIN, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

January 28, 1977.

Attorney(s) appearing for the Case

John L. Briggs, U. S. Atty., Kathleen B. Levitz, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellant.

Ronald E. Dusek, Jacksonville, Fla., for defendant-appellee.

Before COLEMAN, AINSWORTH and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

We are asked to construe a statute which was superseded over six years ago in order that the United States may prosecute defendant-appellee Godwin for an offense committed over eight years ago. The single issue before us is the dismissal of the indictment by the district court on the grounds of improper venue. We REVERSE.

The government alleged that on June 24, 1968, Godwin mailed a package containing seven pounds of marijuana from...

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