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UNITED STATES v. RICE

No. 76-2477.

550 F.2d 1364 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Paul RICE, Pedro Alvarez, John Leslie Wells, Jr., and Jerold Massler, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied May 24, 1977.

Attorney(s) appearing for the Case

Forrest E. Campbell, Greensboro, N. C., for Rice and Wells.

Herman I. Graber, Lynne Stewart, New York City, N. Y., Allen L. Jacobi, Coconut Grove, Fla., for Massler.

Bernard H. Dempsey, Jr., Robert A. Fraser, Tampa, Fla., for Alvarez.

John L. Briggs, U. S. Atty., Jacksonville, Fla., L. Eades Hogue, Special Atty., Tampa, Fla., Milton J. Carp, Dept. of Justice, for plaintiff-appellee.

Before JONES, COLEMAN and TJOFLAT, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 24, 1977.

COLEMAN, Circuit Judge.

Along with others, Alvarez, Wells, Rice and Massler were charged in a one count indictment with conspiracy to import, possess and distribute marijuana, 21 U.S.C. §§ 841(a)(1), 952(a). A twelve day trial resulted in a guilty verdict. Alvarez received a three year sentence, Wells one year, while Rice and Massler were sentenced to two and one-half years.

We affirm....

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