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UNITED STATES v. SMITH

No. 77-5281.

584 F.2d 759 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Gilbert SMITH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 11, 1978.

Rehearing and Rehearing Denied December 15, 1978.

Attorney(s) appearing for the Case

Richard Damiani, Donald N. Krosin, Cleveland, Ohio, for defendant-appellant.

Donald Gilbert Smith, pro se.

William D. Beyer, U. S. Atty., Cleveland, Ohio, Robert J. Erickson, T. George Gilinsky, Washington, D. C., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, MERRITT, Circuit Judge, and RUBIN, District Judge.

Rehearing and Rehearing En Banc Denied December 15, 1978.

CARL B. RUBIN, District Judge.

Donald Gilbert Smith appeals from conviction by a jury of a six count indictment, all relating to controlled substances. Count 1 of such indictment alleged a conspiracy in violation of 21 U.S.C. §§ 841 and 846. Counts II through VI charged substantive offenses of possession with intent to distribute, and distribution of controlled substances, in violation of...

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