OPINION
SCALERA, District Judge.
Defendants, Arthur Moses and Claudell Gillis, were tried before this court without a jury on a one-court indictment charging that on or about July 15, 1972 in Pittsburgh in the Western District of Pennsylvania, they knowingly and intentionally possessed, with intent to distribute, approximately 22.5 grams of heroin, a narcotic drug and Schedule I controlled substance, in violation of Title 21 U.S.C. § 841(a)(1).
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