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UNITED STATES v. CARAWAY

No. 72-2198.

474 F.2d 25 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Jo Anna Newby CARAWAY a/k/a Jo Newby and Daniel Elden Scales, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

As Amended February 14, 1973.

Rehearing Granted April 4, 1973.

Attorney(s) appearing for the Case

Melvyn Kessler, Miami, Fla. (Court-appointed), for Caraway.

Sky E. Smith, Miami, Fla. (Court-appointed), for Scales.

Robert W. Rust, U. S. Atty., Lawrance B. Craig, II, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before RIVES, THORNBERRY and GOLDBERG, Circuit Judges.

Rehearing En Banc Granted April 4, 1973.

RIVES, Circuit Judge:

Defendants, Jo Anna Newby Caraway and Daniel Elden Scales, were charged in a two-count indictment with (1) conspiracy to violate 21 U.S.C. § 952(a),1 and (2) intentionally and knowingly violating § 952(a) by importing six pounds of marijuana.

Initially, each defendant pleaded not guilty to both counts. After denial of their joint motion to suppress...

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