Lonzo Nutter v. United States

JAMES M. CARTER, Circuit Judge:

On June 12, 1967, appellant Lonzo Nutter was arrested by agents of the Federal Bureau of Narcotics. He was subsequently named in a four count indictment ; three counts alleged violations of 21 U.S.C. § 174 and a fourth alleged a violation of 26 U.S.C. § 4705(a). On January 4, 1968, a jury found the appellant to be guilty of each count in the indictment. On the same day sentence was imposed by the district court — four 10 year terms to run concurrently. Lonzo Nutter appeals from the conviction and sentence. 1 The questions presented are—

1. Is 21 U.S.C. § 174…