UNITED STATES v. MIDDLEBROOKS

No. 79-5191.

618 F.2d 273 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. David Leslie MIDDLEBROOKS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted August 14, 1980.


Attorney(s) appearing for the Case

Paul G. Komarek, Lynn Haven, Fla. (Court-appointed), for defendant-appellant.

Nicholas P. Geeker, U. S. Atty., Pensacola, Fla., Donald S. Modesitt, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee.

Before AINSWORTH and HENDERSON, Circuit Judges, and HUNTER, District Judge.


HENDERSON, Circuit Judge:

David Leslie Middlebrooks was indicted by a grand jury in the Northern District of Florida for knowingly conspiring with various persons to possess with the intent to distribute marijuana (Count One) and conspiring with the same persons to possess with the intent to distribute cocaine (Count Two). 21 U.S.C.A. §§ 841(a)(1), 846.

At the time of his alleged participation in the conspiracies...

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