UNITED STATES v. SHELDON

No. 76-1679.

544 F.2d 213 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Scott SHELDON and Mitchell Paul Solomon, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 20, 1976.


Attorney(s) appearing for the Case

Barry L. Garber, Daniel S. Pearson, Miami, Fla., for defendants-appellants.

Robert W. Rust, U. S. Atty., Barbara D. Schwartz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and TUTTLE and TJOFLAT, Circuit Judges.


TUTTLE, Circuit Judge:

Appellants appeal from their conviction on several counts of an indictment charging them with violations of narcotics laws. The indictment charged Solomon on all five counts of possession with intent to distribute, distribution, and with conspiring with Scott Sheldon to commit the substantive offenses. Sheldon was charged in two of the counts, of the conspiracy and the distribution of cocaine.

It is not disputed that through the participation...

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