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UNITED STATES v. JOHNSON

No. 72-1238.

469 F.2d 973 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Clinton JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 4, 1972.

Attorney(s) appearing for the Case

Joseph J. Petito, New York City, Samuel S. Forman, Miami, Fla. (Court appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Charles O. Farrar, Jr., Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, GOLDBERG and GODBOLD, Circuit Judges.

COLEMAN, Circuit Judge:

Clinton Johnson and two other individuals were indicted on three counts, as follows:

Count I

Conspiring [21 U.S.C. § 963]1 to import marijuana into the United States in violation of 21 U.S.C., § 952(a).

Count II

Knowingly and intentionally importing approximately 63,000 grams of marijuana into the United States in violation of 21 U.S.C., § 952(a)....

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