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UNITED STATES v. SHERRIFF

No. 76-1904.

546 F.2d 604 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Benjamin Franklin SHERRIFF, Harles Junior Fyffe, a/k/a Joe Fyffe, Randall Guy Brady and Albert Mason, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 4, 1977.

Attorney(s) appearing for the Case

J. Richard Young (Court-appointed), Atlanta, Ga., for Sherriff.

Marvin S. Arrington (Court-appointed), Joseph M. Winter, Atlanta, Ga., for Fyffe.

J. Hue Henry, Athens, Ga., P. Bruce Kirwan, Federal Public Defender, Atlanta, Ga., for Brady.

Ralph Washington, Asst. Federal Public Defender, Charles R. Smith, Atlanta, Ga., for Mason.

John W. Stokes, U.S. Atty., Jerome J. Froelich, Jr., Anthony M. Arnold, Asst. U.S. Attys., Atlanta, Ga., for plaintiff-appellee.

Before AINSWORTH and RONEY, Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied March 4, 1977.

AINSWORTH, Circuit Judge:

Appellants Sherriff, Fyffe, Brady and Mason were indicted for conspiracy to violate the Dyer Act, pertaining to interstate theft of motor vehicles, in violation of 18 U.S.C. § 371, and for a number of substantive violations of the Act, pursuant to 18 U.S.C. §§ 2312, 2313. They were each convicted by a jury under various counts of a 35-count indictment. We dispose...

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