UNITED STATES v. HARRINGTON

No. 76-2725. Summary Calendar.

543 F.2d 1151 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Darry K. HARRINGTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 13, 1976.


Attorney(s) appearing for the Case

Hugh Cotney, Jacksonville, Fla. (Court-appointed), for defendant-appellant.

John L. Briggs, U.S. Atty., Ernst D. Mueller, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and GEWIN and MORGAN, Circuit Judges.


PER CURIAM:

Appellant, Darry K. Harrington, was convicted at a jury trial on two counts of conspiracy to distribute and possession with intent to distribute approximately 27.5 grams of phencyclidine base, a schedule III controlled substance in violation of 21 U.S.C. §§ 841(a)(1), 846, and 18 U.S.C. § 2.

On the instant appeal, appellant argues (1) that the unexplained delay of nine months from the commission of the offenses (May 15, 1975) and...

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