458 F2d 382 United States v. Lopez

458 F.2d 382

UNITED STATES of America, Plaintiff-Appellee,
v.
Roberto LOPEZ, Defendant-Appellant.

No. 71-2431.

United States Court of Appeals,
Ninth Circuit.

April 10, 1972.

Roger L. Cossack, of Cossack & Karp, Los Angeles, Cal., for defendant-appellant.

William D. Keller, U. S. Atty., Eric A. Nobles, Larry S. Flax, Asst. U. S. Attys., Los Angeles, Cal., for plaintiff-appellee.

Before CHAMBERS, WRIGHT and GOODWIN, Circuit Judges.

PER CURIAM:

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1

Lopez was convicted of selling cocaine in violation of 26 U.S.C. Sec. 4705(a).

2

The complaint was filed after the crime was committed. Then the section was repealed by P.L. 91-513 (Sec. 1101). After the repeal, the indictment followed and then the trial and conviction.

3

But the trouble is that P.L. 91-513 had a saving clause in it which kept his crime alive.

4

Judgment affirmed and the mandate will issue now.