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UNITED STATES v. BARNES

No. 77-5827.

586 F.2d 1052 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Luther BARNES, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 22, 1978.

Attorney(s) appearing for the Case

J. Roger Thompson, Frank J. Petrella, Atlanta, Ga., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Linda Collins Hertz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD and FAY, Circuit Judges.

FAY, Circuit Judge:

Appellant Robert Barnes appeals from convictions on three counts: 1) conspiracy to import and possess cocaine with intent to distribute;1 2) importation of cocaine;2 and 3) possession of cocaine with intent to distribute.3 He was jointly tried with Donna Ballard.

According to the government's theory of the case...

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