UNITED STATES v. McCONNELL

No. 74-1808. Summary Calendar.

500 F.2d 347 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. James H. McCONNELL and Robert Connerly, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing En Banc Denied October 15, 1974.


Attorney(s) appearing for the Case

Alvin M. Binder, Jackson, Miss., for McConnell.

J. G. Hornberger, Laredo, Tex., for Connerly.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before BELL, SIMPSON and MORGAN, Circuit Judges.


PER CURIAM:

This appeal involves McConnell and Connerly. They were jointly indicted but had separate trials. We will first consider McConnell's case.

McConnell, a wholesale distributor of marijuana and the employer of Byrd, Connerly and others to transport the marijuana, see Byrd v. United States, 5 Cir., 1973, 483 F.2d 1196; 5 Cir., 1974, 494 F.2d 1284, was apprehended as the result of a...

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