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UNITED STATES v. KILRAIN

No. 76-3947.

566 F.2d 979 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Edward KILRAIN, a/k/a Duffy, Jo Ann Davis, Richard Otho Piper, and Jack Kilrain, a/k/a Jack Hickey and John Hickey, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 24, 1978.

Attorney(s) appearing for the Case

Ray Sandstrom, Fort Lauderdale, Fla., for defendants-appellants.

William L. Harper, U. S. Atty., Robert H. McKnight, Jr., Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before AINSWORTH, SIMPSON and MORGAN, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 24, 1978.

AINSWORTH, Circuit Judge:

Defendants Joseph Edward Kilrain, Jack Kilrain, Jo Ann Davis and Richard Otho Piper were convicted of conspiracy to possess and distribute marijuana in violation of 21 U.S.C. § 846. All the defendants, except Jack Kilrain, were also convicted of possession with intent to distribute under 21 U.S.C. § 841. Defendants seek reversal on the basis that their Sixth Amendment...

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