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UNITED STATES v. MARSHALL

No. 74-2203.

513 F.2d 274 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Henry Forrest MARSHALL and Robert Dempsey, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 7, 1975.

Attorney(s) appearing for the Case

Bernard A. Horton, New Orleans, La., for Marshall.

George M. Papale, Gretna, La. (Court-appointed), for Dempsey.

Robert Habans, Asst. U.S. Atty., Gerald J. Gallinghouse, U.S. Atty., Mary Williams Cazalas, Asst. U.S. Atty., New Orleans, La., for plaintiff-appellee.

Before AINSWORTH, GODBOLD and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 7, 1975.

GODBOLD, Circuit Judge:

Count I of the indictment in this case charged appellants Dempsey and Marshall and defendant Howard, who pleaded guilty and did not appeal, with conspiracy to possess cocaine with intent to distribute and to cause distribution. Count II charged Marshall with distribution of cocaine with Howard as an aider and abettor, and Count III charged Marshall and Howard with distribution of...

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