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UNITED STATES v. LEVIN

No. 20705.

443 F.2d 1101 (1971)

UNITED STATES of America, Appellee, v. Myron Arnold LEVIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied July 9, 1971.

Attorney(s) appearing for the Case

Lawrence J. Fleming, London & Greenberg, Norman London, St. Louis, Mo., for appellant.

John A. Newton, Asst. U. S. Atty., Daniel Bartlett, Jr., U. S. Atty., St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT, HEANEY and ROSS, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

Defendant Levin has taken this timely appeal from his conviction by a jury on each of three counts of an indictment charging him with illegal sale of stimulant drugs in violation of 21 U.S.C. § 331(q) (2) (a) and the resulting sentence imposed.

Count One charged the illegal sale on June 17, 1970, of 50 tablets of methamphetamine hydrochloride, a depressant or stimulant drug within the meaning of 21 U.S.C. § 321(v) ...

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