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UNITED STATES v. SMITH

No. 77-1116.

565 F.2d 292 (1977)

UNITED STATES of America, Appellee, v. Theodore Roosevelt SMITH, alias Ted, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 29, 1977.

Attorney(s) appearing for the Case

Melvin R. Hughes, Jr., Richmond, Va. (Robert P. Geary, McGrath & Geary, Richmond, Va., on brief), for appellant.

Frederick Eisenbud, Atty., U. S. Dept. of Justice, Washington, D. C. (Michael Farrell, Atty., U. S. Dept. of Justice, Washington, D. C., and Jervis S. Finney, U. S. Atty., Baltimore, Md., on brief), for appellee.

Before WINTER, BUTZNER and HALL, Circuit Judges.

K. K. HALL, Circuit Judge:

After a jury trial, Theodore Roosevelt Smith was convicted on one count of conspiring to manufacture, distribute, and possess with intent to manufacture and distribute a controlled substance, in violation of 21 U.S.C. § 846, and on one count of using the telephone to facilitate the conspiracy, in violation of 21 U.S.C. § 843(b). We affirm.

Defendant, along with twenty coconspirators, was indicted on drug-related charges...

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