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U.S. v. PFORZHEIMER

No. 793, Docket 86-1282.

826 F.2d 200 (1987)

UNITED STATES of America, Appellee, v. John PFORZHEIMER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided August 18, 1987.

Attorney(s) appearing for the Case

Duncan Frey Kilmartin, Newport, Vt. (Rexford & Kilmartin, Newport, Vt., of counsel), for defendant-appellant.

Patti R. Page, Asst. U.S. Atty., Burlington, Vt. (George J. Terwilliger, III, U.S. Atty. for the D.Vt., Donald P. Moroz, Asst. U.S. Atty., Burlington, Vt., of counsel), for appellee.

Before LUMBARD, PIERCE, and ALTIMARI, Circuit Judges.

PIERCE, Circuit Judge:

This is an appeal from a judgment of conviction entered in the District of Vermont, Coffrin, Chief Judge, convicting appellant John Pforzheimer after a jury trial of violating 21 U.S.C. § 841(a)(1), (b)(1) & (c) [sic], by manufacturing marijuana in an amount not exceeding 50 kilograms. On appeal, appellant contends, inter alia, that the district court erred in failing to apply state, or a combination of state and federal...

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