UNITED STATES v. SWANSON

No. 76-3484.

572 F.2d 523 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Hilton SWANSON and Jack Lavoied Phipps, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied May 30, 1978.


Attorney(s) appearing for the Case

Charles Van Mottola, Newnan, Ga., (Court-appointed), for Swanson.

John A. Nuckolls, Atlanta, Ga., (Court-appointed), for Phipps.

William L. Harper, U. S. Atty., Glenna L. Stone, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before JONES, GODBOLD and GEE, Circuit Judges.


GODBOLD, Circuit Judge:

Phipps and Swanson were jointly indicted and convicted of conspiracy and extortion through the mails in violation of 18 U.S.C. §§ 371 and 876. Swanson alleges that the evidence was insufficient to support his conviction. Phipps primarily contends that the trial court erred in refusing to grant a continuance because his amnesia concerning the events constituting the crime rendered him incompetent to stand trial. Phipps' other contentions...

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