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UNITED STATES v. MACKEY

No. 72-2929.

485 F.2d 698 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. David Elbert MACKEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 20, 1973.

Attorney(s) appearing for the Case

W. W. Kilgarlin, Edward A. Mallett, Houston, Tex. (Court-appointed), for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Ellis C. McCullough, James R. Gough, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before WISDOM, COLEMAN and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied December 20, 1973.

PER CURIAM:

The appellant David Elbert Mackey was charged jointly with one Jose Jesus Orosco Perez (Orosco) in both counts of a two-count indictment with offenses involving 150 pounds of marijuana: unlawful importation in violation of Title 21, U.S.C., §§ 952 and 960(a) (1), Count I, and unlawful possession with intent to distribute the marijuana...

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