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UNITED STATES v. JACKSON

No. 75-2026.

526 F.2d 1236 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy JACKSON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 18, 1976.

Attorney(s) appearing for the Case

William J. McLeod, Jr., St. Petersburg, Fla. (court-appointed), for defendant-appellant.

John L. Briggs, U.S. Atty., Jacksonville, Fla., Claude H. Tison, Jr., Eleanore J. Hill, Asst. U.S. Attys., Tampa, Fla., for plaintiff-appellee.

Before BELL and DYER, Circuit Judges, and MEHRTENS, District Judge.

MEHRTENS, District Judge:

After a jury trial, appellant Jimmy Jackson was convicted on a one count indictment of aiding and abetting possession with intent to distribute 148 grams of cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. On appeal, Jackson asserts the District Court erred in failing to grant his motion for directed judgment of acquittal. We agree with Jackson that the United States failed to prove a prima facie case of guilt as...

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