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UNITED STATES v. THOMAS

No. 77-5136.

567 F.2d 638 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Benton Franklin THOMAS and Joseph Thomas Oliveti, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied March 8, 1978.

Attorney(s) appearing for the Case

Kerry J. Nahoom, Fort Lauderdale, Fla., for Thomas.

P. D. Aiken, Fort Lauderdale, Fla., for Oliveti.

Jack V. Eskenazi, U. S. Atty., Karen L. Atkinson, Asst. U. S. Atty., Jon A. Sale, Asst. U. S. Atty., Chief, Criminal Division, Miami, Fla., for plaintiff-appellee.

Before COLEMAN, HILL, and RUBIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 8, 1978.

COLEMAN, Circuit Judge.

Along with Jacob Cochran,1 Benton Franklin Thomas and Joseph Thomas Oliveti were charged in a one-count indictment with knowingly and intentionally conspiring to import into the United States cocaine and marijuana in violation of 21 U.S.C.A. § 963. After being found guilty in a trial by jury, Thomas was sentenced to one year in prison and three years...

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