UNITED STATES v. ROTH

No. 85-1284.

777 F.2d 1200 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin ROTH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided November 18, 1985.

Rehearing Denied February 21, 1986.


Attorney(s) appearing for the Case

Bradford Kessler, St. Louis, Mo., for defendant-appellant.

Joel Merkel, Asst. U.S. Atty., Frederick J. Hess, U.S. Atty., East St. Louis, Ill., for plaintiff-appellee.

Before CUDAHY and POSNER, Circuit Judges, and SWYGERT, Senior Circuit Judge.


POSNER, Circuit Judge.

A jury convicted Marvin Roth of possession with intent to distribute unlawfully a controlled substance, Talwin, and of conspiracy to distribute it. The judge sentenced him to 12 years in prison, and he appeals.

Roth was a retail druggist in Cahokia, an Illinois suburb of St. Louis. The government became interested in him when it discovered that, over a two-year period which ended in 1980 with a fire that destroyed his drugstore, the...

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