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UNITED STATES v. BAITY

No. 72-1736 Summary Calendar.

464 F.2d 570 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Clarence BAITY et al., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 28, 1972.

Attorney(s) appearing for the Case

Harry M. Hobbs, Tampa, Fla., for defendant-appellant.

John L. Briggs, U. S. Atty., Jacksonville, Fla., Hugh N. Smith, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

Appellant was convicted on a two-count indictment charging him in one count with wilfully importing a controlled substance, 223 pounds of marijuana, in violation of 21 U.S.C.A. §§ 952(a) and 960(b); and in the other with possession with intent to distribute the same marijuana in violation of 21 U.S.C.A. § 841(a)(1). He was also charged as an aider and abettor in both counts. 18 U.S.C.A. § 2.

Contrary to appellant's assertion...

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