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UNITED STATES v. ALEXANDER

No. 76-1401.

559 F.2d 1339 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Gary ALEXANDER, Joseph Manuel Abella, Jr., Lawrence Ira Tobac, John George Flynn, Jr., Cortlandt Warren Quimby, Jr., Thomas Charles Butler, Ira Spencer Pierce and Robert Arthur Randall, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied December 5, 1977.

Attorney(s) appearing for the Case

Jack R. Blumenfeld, Miami, Fla., for Alexander and Toback.

Fred Haddad, Fort Lauderdale, Fla., Peter F. K. Baraban, North Miami, Fla., for Randall and Pierce.

William P. Cagney, III, Miami, Fla., for Abella, Flynn, Quimby and Butler.

Robert W. Rust, U. S. Atty., Donald L. Ferguson, Asst. U. S. Atty., Miami, Fla., Jerome M. Feit, Mervyn Hamburg, Attys., Dept. of Justice, Crim. Div., App. Section, Washington, D. C., for plaintiff-appellee.

Before MORGAN and HILL, Circuit Judges, and NOEL, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 5, 1977.

NOEL, Senior District Judge:

Appellants, along with two other defendants, were indicted in a three count indictment which charged all ten defendants with: (1) conspiring from dates unknown up to approximately March 5, 1975 to import marijuana and to possess marijuana with the intent to distribute, in violation of 21 U.S.C. §§ 846 and 963; (2) intentionally importing on or about March 5, 1975...

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