UNITED STATES v. BEY

No. 75-2217.

526 F.2d 851 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. John Richard BEY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 3, 1976.


Attorney(s) appearing for the Case

Harlan P. Cohen, Dallas, Tex. (Court-appointed), for defendant-appellant.

Edward B. McDonough, Jr., U.S. Atty., James R. Gough, Jr., Anna E. Stool, Asst. U.S. Attys., Houston, Tex., for plaintiff-appellee.

Before WISDOM, GEWIN and AINSWORTH, Circuit Judges.


AINSWORTH, Circuit Judge:

Appellant John Richard Bey and his wife Rita were charged in a two-count indictment of possessing with intent to distribute approximately 361 pounds of marihuana, and conspiracy to do the same, in violation of 21 U.S.C. §§ 846 and 841(a)(1). In the conspiracy count Oscar Joseph Benavides was named as a co-conspirator but not as a defendant. A jury trial resulted in the conviction of defendants on both counts. Only John Richard Bey...

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