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UNITED STATES v. COLEY

No. 30139 Summary Calendar.

441 F.2d 1299 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Lennard COLEY and Paul Dabney Scogin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 1, 1971.

Attorney(s) appearing for the Case

Jim Hudson, Athens, Ga., for Lennard Coley.

Ken Stula, Athens, Ga., for Paul Dabney Scogin.

William J. Schloth, U. S. Atty., Charles T. Erion, Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

DYER, Circuit Judge:

After indictment and trial, Coley was convicted of conspiracy to possess, transport, and sell non-taxpaid whiskey in violation of 18 U.S.C.A. § 371. Scogin was convicted of possessing and transporting non-taxpaid whiskey in violation of 26 U.S.C.A. §§ 5205(a) (2), 5604(a). Coley and Scogin advance two arguments on appeal: First, that the District Court erroneously admitted a tape recording of a telephone conversation between Coley...

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