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UNITED STATES v. MILLER

No. 78-1093.

589 F.2d 1117 (1978)

UNITED STATES of America, Appellee, v. Jackie David MILLER, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 15, 1978.

Attorney(s) appearing for the Case

Martin G. Weinberg, with whom Joseph S. Oteri, Judith F. Bowman, New York City, Oteri & Weinberg, Boston, Mass., Jeanne Baker, David J. Fine, and Rosenberg, Baker & Fine, Cambridge, Mass., were on brief, for defendant, appellant.

George J. Mitchell, U. S. Atty., Portland, Me., with whom Paula D. Silsby, Asst. U. S. Atty., Portland, Me., was on brief, for appellee.

Before COFFIN, Chief Judge, KUNZIG, Judge, U. S. Court of Claims, DUMBAULD, Senior District Judge.

COFFIN, Chief Judge.

A jury found appellant guilty of importing and possessing with intent to distribute more than 3000 pounds of marijuana 21 U.S.C. §§ 841(a)(1), 952(a), 960(a)(1); 18 U.S.C. § 2. The jury also convicted him of possession of 2 grams of hashish. 21 U.S.C. § 844(a). The district judge sentenced appellant to the maximum term in prison for each of the three offenses, 5 years for each of the first two offenses and one year for the...

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