United States v. Ben Hickman

KNOCH, Senior Circuit Judge.

Defendant-appellant, Ben Hickman, having waived indictment, was tried on an information charging him with knowingly, willfully, etc. purchasing, selling, dispensing and distributing 13 grams more or less of heroin hydrochloride not in or from the original stamped package, in violation of Title 26, U.S.C. § 4704(a). A jury found him guilty as charged and he was sentenced to serve a term of five years. This appeal followed.-

The defendant contends he was prosecuted for violation of a section of the Internal Revenue Code which is unconstitutionally being used as a…