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UNITED STATES v. NAZIEN

No. 74-1154.

504 F.2d 394 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Lamartine NAZIEN, Lelio Saintil and Reynald Morelus, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Certiorari Denied March 3, 1975.

Attorney(s) appearing for the Case

Jack H. Cohen, Miami, Fla. (Court-appointed), for Nazien, Saintil, and Morelus.

Robert W. Rust, U. S. Atty., Robert C. Byrne, Charles O. Farrar, Jr., Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before WISDOM and BELL, Circuit Judges, and BREWSTER, District Judge.

Certiorari Denied March 3, 1975. See 95 S.Ct. 1358.

BELL, Circuit Judge:

The sole assignment of error in this marijuana possession with intent to distribute case, 21 U.S.C.A. § 841(a) (1), is that the evidence was insufficient to warrant the convictions.

Appellants rely on the case of Vick v. United States, 5 Cir., 1954, 216 F.2d 228. There we held that the presence near an illegal distillery of one who could...

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