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UNITED STATES v. JOHNSON

No. 17618.

427 F.2d 32 (1970)

UNITED STATES of America, Plaintiff-Appellee, v. Milton JOHNSON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 22, 1970.

Attorney(s) appearing for the Case

Ronald P. Alwin, Federal Defender Program, Chicago, Ill., for defendant-appellant.

Thomas A. Foran, U. S. Atty., Lawrence J. Cohen, Asst. U. S. Atty., Chicago, Ill., for plaintiff-appellee; Michael B. Nash, Asst. U. S. Atty., of counsel.

Before DUFFY and HASTINGS, Senior Circuit Judges, and FAIRCHILD, Circuit Judge.

HASTINGS, Senior Circuit Judge.

A one count indictment charged that defendant Milton Johnson, on or about May 7, 1968, "fraudulently and knowingly did receive, conceal, buy, sell and facilitate the transportation, concealment and sale of approximately 10 grams of * * * heroin * * *" in violation of Title 21, U.S.C.A. § 174. After a hearing before the court, defendant's motion to suppress the evidence and testimony was denied. Defendant was represented at all...

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