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UNITED STATES v. NAPIER

No. 30925 Summary Calendar.

451 F.2d 552 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Francis LeFeure NAPIER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 19, 1971.

Attorney(s) appearing for the Case

Alan R. Schwartz, Mallory H. Horton, Miami, Fla., for defendant-appellant; Horton & Schwartz, Miami, Fla., of counsel.

Robert W. Rust, U. S. Atty., Neal R. Sonnett, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before WISDOM, COLEMAN, and SIMPSON, Circuit Judges.

COLEMAN, Circuit Judge:

Francis LeFeure Napier appeals from a judgment of conviction and a seven year prison sentence after having been found guilty of a conspiracy to buy, sell, and facilitate the transportation, concealment and sale of marijuana subsequent to its illegal importation into the United States, 21 U.S.C., § 176a.

For the reasons hereinafter stated, the judgment of conviction is vacated and the case...

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