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UNITED STATES v. SUDDUTH

Crim. A. No. 71-CR-82.

330 F.Supp. 285 (1971)

UNITED STATES of America, Plaintiff, v. Dale Edward SUDDUTH, Defendant.

United States District Court, D. Colorado.

July 22, 1971.

Attorney(s) appearing for the Case

Richard J. Spelts, Asst. U. S. Atty., Denver, Colo., for plaintiff.

William R. Young, Theodore B. Isaacson, Denver, Colo., for defendant.

MEMORANDUM OPINION

WINNER, District Judge.

Defendant was charged in a two count indictment. Count I charged a sale of heroin in violation of 26 U.S.C. §§ 4705 (a) and 7237. A jury convicted him of this offense. Count II of the indictment charged:

"That on or about January 27, 1971, in the vicinity of Denver, State and District of Colorado, DALE EDWARD SUDDUTH willfully and knowingly carried a firearm unlawfully during the commission of...

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