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UNITED STATES v. McCAGHREN

Nos. 81-1394, 81-1414 and 81-1583.

666 F.2d 1227 (1981)

UNITED STATES of America, Appellee, v. Kenneth Aaron "Bud" McCAGHREN, Appellant. UNITED STATES of America, Appellee, v. Glen Edward AUTRY, Appellant. UNITED STATES of America, Appellee, v. Charles GRIFFIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 28, 1981.

Rehearing Denied January 18, 1982.

Rehearing and Rehearing Denied February 12, 1982.

Attorney(s) appearing for the Case

Ralph M. Cloar, Jr., Little Rock, Ark., for Kenneth Aaron "Bud" McCaghren.

Wm. R. Wilson, Jr., Little Rock, Ark., for Glen Edward Autry.

George W. Proctor, U. S. Atty., Robert Govar (argued), Don N. Curdie, Asst. U. S. Attys., Little Rock, Ark., for the U. S.

Gene O. Daniel, Little Rock, Ark., for Griffin.

Before STEPHENSON and McMILLIAN, Circuit Judges and GIBSON, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 12, 1982.

McMILLIAN, Circuit Judge.

Kenneth Aaron "Bud" McCaghren, Glen Edward Autry, and Charles Griffin appeal their convictions for conspiracy to possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a), 846. McCaghren was sentenced to five years imprisonment, Autry to 30 months, and Griffin to two years. For reversal McCaghren and Autry argue that the district court

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