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UNITED STATES v. McCORD

Nos. 73-1879, 73-1880.

509 F.2d 891 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Fred McCORD and Kerry Luzader, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1975.

Rehearing and Rehearing Denied April 24, 1975.

Attorney(s) appearing for the Case

Brent A. Barnhart, Indianapolis, Ind., David J. Colman, Bloomington, Ind., for defendants-appellants.

Stanley B. Miller, U. S. Atty., and Richard L. Darst, Asst. U. S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before PELL and SPRECHER, Circuit Judges, and CAMPBELL, Senior District Judge.

Rehearing and Rehearing En Banc Denied April 24, 1975.

WILLIAM J. CAMPBELL, Senior District Judge.

Defendants McCord and Luzader were charged in a five count indictment with various offenses involving the unlawful distribution of cocaine. Count I of the indictment charged that, on or about August 27, 1972, McCord unlawfully distributed approximately 7.6 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). McCord was also charged in Count IV of the...

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