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McCONNEY v. UNITED STATES

No. 22722.

421 F.2d 248 (1969)

Winston Bryant McCONNEY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 2, 1970.

Attorney(s) appearing for the Case

Murray B. Petersen (argued), Oakland, Cal., for appellant.

David P. Bancroft (argued), Jerrold M. Ladar, Asst. U. S. Attys., Cecil F. Poole, U. S. Atty., San Francisco, Cal., for appellee.

Before HAMLIN and BROWNING, Circuit Judges, and PREGERSON, District Judge.

HAMLIN, Circuit Judge.

In the first count of an indictment filed in the United States District Court for the Northern District of California, Winston B. McConney, appellant herein, was charged along with one Paul L. McAlee with a violation on October 14, 1966, of 26 U.S.C. § 4705(a) (transfer of heroin not in pursuance of a written order).1 In Counts Two and Three of the indictment McAlee alone was charged with two narcotic offenses...

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