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UNITED STATES v. WHITE

No. 73-1642.

493 F.2d 3 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Randall Gene WHITE and James Randall Kircher, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 16, 1974.

Attorney(s) appearing for the Case

Stanley M. Newmark, Miami, Fla., (court-appointed), for White.

Robert C. Stone, Hollywood, Fla., for Kircher.

Andrew I. Friedrich, Stanley L. Seligman, Hollywood, Fla., Basil E. Dalack, Miami, Fla. (court-appointed co-counsel), for Kircher.

Robert W. Rust, U. S. Atty., Carol M. Anderson, Asst. U. S. Atty., Miami, Fla., Mervyn Hamburg, Atty., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, and AINSWORTH and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge.

Defendants-appellants White and Kircher were arrested on September 20, 1972, and later indicted for possession of heroin with intent to distribute and distribution of heroin, in violation of 21 U.S.C. § 841(a)(1). Both were convicted in separate jury trials in the Southern District of Florida. White was sentenced to concurrent terms of imprisonment for 18 months with a special parole term of three years, and Kircher was sentenced...

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