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UNITED STATES v. MACKLIN

No. 77-1540.

573 F.2d 1046 (1978)

UNITED STATES of America, Appellee, v. Carmell MACKLIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 20, 1978.

Rehearing and Rehearing Denied May 10, 1978.

Attorney(s) appearing for the Case

Murry A. Marks, Clayton, Mo., for appellant.

David M. Rosen, Asst. U. S. Atty., St. Louis, Mo., for appellee; Barry A. Short, former U. S. Atty., St. Louis, Mo., on brief.

Before MATTHES, Senior Circuit Judge, LAY, Circuit Judge, and HANSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied May 10, 1978.

LAY, Circuit Judge.

Carmell Macklin appeals from his conviction on three counts charging distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and one count of conspiracy to distribute heroin in violation of 21 U.S.C. § 846. The district court sentenced the defendant to concurrent terms of ten years imprisonment on each count to be followed by...

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