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UNITED STATES v. JOHNSON

No. 29471.

439 F.2d 885 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Byron Hugh JOHNSON and Allan Golub, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 7, 1971.

Attorney(s) appearing for the Case

Sam F. Adam, Santo J. Volpe, Edward M. Genson, Charles O. Brizius, Chicago, Ill., for appellants.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Edward B. McDonough, Jr., Theo W. Pinson, III, Asst. U. S. Attys., Houston, for appellee.

Before RIVES, AINSWORTH and MORGAN, Circuit Judges.

RIVES, Circuit Judge:

Byron Hugh Johnson and Allan Golub, appellants, and one Darrell McDonald were indicted under 21 U.S.C. § 176a1 on three counts. Count One charged conspiracy, from about October 11, 1968 to about November 6, 1968, to smuggle marihuana into the United States; Count Two charged the substantive act of smuggling; and Count Three charged that the defendants knowingly transported and facilitated the transportation of...

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