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UNITED STATES v. TYLER

No. 73-3320.

505 F.2d 1329 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Clinton TYLER, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 8, 1975.

Attorney(s) appearing for the Case

Sam W. Kleinfeld, Miami, Fla. (Court-appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Michael Patrick Sullivan, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and TUTTLE and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

Robert Clinton Tyler was indicted below under Counts I and V of a five-count indictment charging violations of narcotics laws. Count I charged that Tyler and two others conspired to possess cocaine with the intent to distribute it, in violation of Title 21, U.S.C. Sec. 846. Count V charged that Tyler and one of the alleged co-conspirators, Ramon Armand, actually possessed approximately 823 grams of cocaine with the intent to distribute it,...

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