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UNITED STATES v. GREEN

Nos. 76-1461, 76-1462.

548 F.2d 1261 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Essington GREEN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Daniel S. FRANO, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 11, 1977.

Attorney(s) appearing for the Case

Thomas Paris, Cleveland, Ohio (Court-appointed CJA), for defendant-appellant in No. 76-1461.

Michael G. Dane, Richard A. Damiani, Cleveland, Ohio, for defendant-appellant in No. 76-1462.

Frederick M. Coleman, U.S. Atty., Nancy C. Schuster, Cleveland, Ohio, for plaintiff-appellee.

Before EDWARDS, CELEBREZZE and PECK, Circuit Judges.

CELEBREZZE, Circuit Judge.

Appellants ask us to overturn their convictions after a joint trial by jury upon a one-count indictment charging conspiracy to knowingly or intentionally manufacture a Schedule I controlled substance, Dimethyltryptomine ("DMT"), in violation of 21 U.S.C. § 841(a)(1);1 21 U.S.C. § 846. The indictment charged that during a two month period commencing on or about October 24, 1974, Appellants conspired...

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