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UNITED STATES v. HILL

No. 74-2028.

508 F.2d 345 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Clarence HILL and Julius Wilkerson a/k/a Moon, and Clarence Diggs, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 1, 1975.

Attorney(s) appearing for the Case

A. J. McNamara, Metairie, La. (Court-appointed), for Hill.

Michael F. Barry, New Orleans, La., for Wilkerson.

Salvadore T. Mule, New Orleans, La. (Court-appointed), for Diggs.

Gerald J. Gallinghouse, U. S. Atty., Cornelius R. Heusel, Mary Williams Cazalas, Asst. U. S. Attys., Billy B. Bowman, Sp. Atty., Drug Enforce. Adm., Task Force Div., New Orleans, La., for plaintiff-appellee.

Before GEWIN and SIMPSON, Circuit Judges, and NICHOLS, Associate Judge.

Rehearing and Rehearing En Banc Denied April 1, 1975.

NICHOLS, Associate Judge:

A jury convicted the appellant-defendants, Clarence Hill, Julius Wilkerson (a/k/a Moon), and Clarence Diggs of conspiracy to possess heroin with intent to distribute, and to distribute heroin, a Schedule I narcotic drug controlled substance, in violation of 21 U.S.C. § 841(a)(1). Diggs, a multiple offender, received a 21-year sentence with a special parole term of 6 years...

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