Court of Appeals for the Sixth Circuit December 15, 1978, 77-5281 (United States v. Donald Gilbert Smith)

CARL B. RUBIN, District Judge.

Donald Gilbert Smith appeals from conviction by a jury of a six count indictment, all relating to controlled substances. Count 1 of such indictment alleged a conspiracy in violation of 21 U.S.C. §§ 841 and 846. Counts II through VI charged substantive offenses of possession with intent to distribute, and distribution of controlled substances, in violation of 21 U.S.