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UNITED STATES v. WALTON

No. 78-5126.

602 F.2d 1176 (1979)

UNITED STATES of America, Appellee, v. Eric WALTON, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 31, 1979.

Attorney(s) appearing for the Case

Arthur M. Recht and Terence M. Gurley, Wheeling, W.Va. (Schrader, Stamp & Recht, Wheeling, W.Va., on brief), for appellant.

William A. Kolibash, Asst. U. S. Atty., Wheeling, W.Va. (Stephen G. Jory, U. S. Atty., Elkins, W.Va., on brief), for appellee.

Before RUSSELL and WIDENER, Circuit Judges, and HOFFMAN, District Judge.

WALTER E. HOFFMAN, Senior District Judge:

Eric Walton, the appellant, was named in five counts of a ten-count indictment returned November 7, 1977, against seven defendants. Walton was named in Count I, conspiracy to distribute a controlled substance; Counts IV, VI, and VIII, possession with intent to distribute a controlled substance, and Count IX, distribution of a controlled substance. The appellant, who offered no evidence...

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