UNITED STATES v. GENTILE

No. 73-2181.

495 F.2d 626 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Mike GENTILE and George Marquart, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 7, 1974.


Attorney(s) appearing for the Case

Stephen K. Johnson, Gainesville, Fla. (Court-appointed), for Gentile.

Carol Wild Scott, Gainesville, Fla. (Court-appointed), for Marquart.

Catherine Wings Slocum, Palmetto, Fla., for defendants-appellants.

Robert L. Crongeyer, Jr., Asst. U. S. Atty., William H. Stafford, Jr., U. S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before GODBOLD, SIMPSON and INGRAHAM, Circuit Judges.


INGRAHAM, Circuit Judge:

Mike Gentile and George Marquart were jointly tried and convicted under a three count indictment for distribution and conspiracy to distribute certain proscribed substances in violation of 21 U. S.C. § 841(a) (1).1 On appeal Gentile argues that, because this was a multiple defendant trial, the unrelated offense alleged in Count 3 of the indictment charging only Marquart...

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