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UNITED STATES v. ALLEN

No. 75-3486.

537 F.2d 1387 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Ray ALLEN and William Joseph McMurtrey, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 12, 1976.

Attorney(s) appearing for the Case

Nelson E. Bailey (Court-appointed), W. Palm Beach, Fla., for Allen.

George D. Gold, Miami, Fla., for McMurtrey.

Robert W. Rust, U. S. Atty., Don R. Boswell, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before DYER, SIMPSON and RONEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 12, 1976.

RONEY, Circuit Judge:

Michael Ray Allen and William Joseph McMurtrey appeal their convictions for knowing importation of 5,814 pounds of marijuana in violation of 21 U.S.C.A. §§ 952(a), 960(a)(1) and 18 U.S.C.A. § 2, and knowingly and intentionally possessing with intent to distribute marijuana in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2. Appellants were arrested...

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