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UNITED STATES v. GORDON

No. 77-5831.

580 F.2d 827 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Louis I. GORDON, Eduardo Jose Garcia, Jeffrey Mark Berg, James M. Cowen, and Eric Theodore Lubov, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearings Denied October 26, 1978.

Attorney(s) appearing for the Case

Alan I. Karten, Miami, Fla., for Gordon.

Robyn J. Hermann, Asst. Federal Public Defender, Miami, Fla., for Garcia.

Thomas F. Almon, Miami, Fla., for Cowen.

Corey E. Hoffman, South Miami, Fla. (Court-appointed), for Lubov and Berg.

Jack V. Eskenazi, U.S. Atty., Michael P. Sullivan, Ralph N. Person, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, GEE and HILL, Circuit Judges.

COLEMAN, Circuit Judge.

Berg, Lubov, Garcia, Cowen, and Gordon appeal convictions for violating the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq. The one-count indictment charged that they conspired to manufacture methaqualone, a schedule II non-narcotic controlled substance, in violation of 21 U.S.C. § 846 (conspiracy to violate 21 U.S.C. § 841) and 18 U.S.C. § 2 (aiding and abetting).

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