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UNITED STATES v. DAVIS

No. 77-5652.

582 F.2d 947 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. H. P. DAVIS, Arnold Harkless, Jr., and Billy Earl Clayton, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 25, 1978.

Attorney(s) appearing for the Case

Arnold Harkless, Jr., pro se.

H. P. Davis, pro se.

Billy Earl Clayton, pro se.

Donald O. Ferguson, San Antonio, Tex. (Court-appointed), for Davis.

Raul Rivera, San Antonio, Tex. (Court-appointed), for Clayton.

J. Douglas McGuire, San Antonio, Tex. (Court-appointed), for Harkless.

Jamie C. Boyd, U. S. Atty., LeRoy M. Jahn, Asst. U. S. Atty., Robert S. Bennett, Trial Atty., San Antonio, Tex., for plaintiff-appellee.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

PATRICK E. HIGGINBOTHAM, District Judge:

Defendants H. P. Davis, Billy Earl Clayton, and Arnold Harkless, Jr. were convicted in the Western District of Texas of conspiracy to possess heroin with the intent to distribute, in violation of 21 U.S.C. § 846, and possession with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Each received sentences of ten years on each charge to be served consecutively.1 They join in...

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