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UNITED STATES v. WARNER

Nos. 79-5411, 80-5281.

690 F.2d 545 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Richard WARNER, Michael Charles Ward, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1982.

Rehearing and Rehearing Denied November 17, 1982.

Attorney(s) appearing for the Case

Joseph J. Jerkins, James H. Geary (argued), Kalamazoo, Mich., for Thomas R. Warner.

Arthur James Rubiner, Southfield, Mich. (court appointed), for Michael C. Ward.

John A. Smietanka, U. S. Atty., Robert C. Greene, Asst. U. S. Atty., Grand Rapids, Mich., Mervyn Hamburg, Margaret I. Miller (argued), U. S. Dept. of Justice, Washington, D. C., for the U. S.

Before KENNEDY, Circuit Judge, BROWN and SWYGERT, Senior Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1982.

BAILEY BROWN, Senior Circuit Judge.

Appellants Thomas Richard Warner and Michael Charles Ward appeal from their convictions of conspiracy to possess with intent to distribute and to distribute cocaine, in violation of 21 U.S.C. § 846, and of several counts of distribution of cocaine in violation of 21 U.S.C. § 841. On appeal, Warner contends that there was a prejudicial variance between the...

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