UNITED STATES v. KILLIAN

No. 75-1437.

524 F.2d 1268 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. George KILLIAN, George Rowell and Charles Mathewson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 29, 1975.


Attorney(s) appearing for the Case

Allen C. D. Scott, II, Jacksonville, Fla. (Court-appointed), for Killian.

Henry Lee Adams, Jr., Jacksonville, Fla., for Rowell.

H. Randolph Fallin, Jacksonville, Fla. (Court-appointed), for Mathewson.

John L. Briggs, U. S. Atty., Charles B. Lembcke, Asst. U. S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before TUTTLE, THORNBERRY and CLARK, Circuit Judges.


TUTTLE, Circuit Judge:

These three defendants appeal from convictions following jury verdicts for violating the Federal Controlled Substances Act. Killian and Mathewson were convicted of conspiracy to distribute 81.6 grams of Phencyclidine Hydrochloride (PCP) in violation of 18 U.S.C. § 2, 21 U.S.C. § 841(a)(1), 846. Defendant Rowell was indicted only on the conspiracy count and was convicted on that count.

On July 6, 1974, in Jacksonville Beach...

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