U.S. v. SCHMICK

No. 89-1174.

904 F.2d 936 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Franklin D. SCHMICK, Joseph Edward Parr, William Jerry Pruett, Danny Franklin Johnson, Marshall Mitchell, Ken Vodron, and Dale Lynn Brewer, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 19, 1990.


Attorney(s) appearing for the Case

Mike Brown, Brown, Harding, Brown, Fargason & Rice, Lubbock, Tex., for Schmick.

Richard A. Anderson, Dallas, Tex., for Pruett, Johnson, Mitchell, Parr and Vodron.

S. Michael McColloch, Dallas, Tex., for Brewer.

Delonia A. Watson and Mark D. McBride, Asst. U.S. Attys., Marvin Collins, U.S. Atty., Dallas, Tex., for U.S.

Before WISDOM, JOHNSON, and DUHÉ, Circuit Judges.


DUHÉ, Circuit Judge:

Franklin D. Schmick, William Jerry Pruett, Ken Vodron, Danny Franklin Johnson, Dale Lynn Brewer, Joseph Edward Parr, and Marshall Mitchell appeal their convictions for conspiring to violate various federal firearms laws. We affirm in part and reverse and remand in part.

Trial established the following sequence of events: On April 30, 1983 a member of the Bandido Motorcycle Club was fatally shot by a member of the Banshee Motorcycle...

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