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UNITED STATES v. McMURTREY

Nos. 76-1046 and 76-1078.

534 F.2d 1321 (1976)

UNITED STATES of America, Appellee, v. William Joseph McMURTREY, Jr. and Edward August Ockel V., Appellants.

United States Court of Appeals, Eighth Circuit.

Decided May 13, 1976.

Rehearing and Rehearing Denied June 4, 1976.

Attorney(s) appearing for the Case

Lawrence J. Fleming, St. Louis, Mo., for appellant, McMurtrey.

William R. Dorsey, Clayton, Mo., for appellant, Ockel.

George A. Dorsey and Norman S. London, St. Louis, Mo., for appellants.

Richard E. Coughlin, Asst. U. S. Atty., Donald J. Stohr, U. S. Atty., St. Louis, Mo., for appellee.

Before VAN OOSTERHOUT, Senior Circuit Judge, and LAY and WEBSTER, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 4, 1976.

PER CURIAM.

Defendants McMurtrey and Ockel were charged in a three count indictment with violations of § 841(a)(1) and § 846 of Title 21, U.S.C. Count I charged conspiracy to distribute marijuana and Counts II and III charged possession of marijuana with intent to distribute.

Defendants entered pleas of not guilty and filed a motion to suppress evidence. Each defendant voluntarily waived...

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