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UNITED STATES v. JAMES

Nos. 77-5188, 77-5271.

576 F.2d 1121 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Donald JAMES and David Anthony Butler, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Henry SMITH and Kenneth Wayne Whitmore, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Granted August 7, 1978.

Attorney(s) appearing for the Case

Frank Joseph Petrella, Atlanta, Ga., for Donald James.

David Anthony Butler, pro se.

P. Bruce Kirwan, Federal Public Defender, John R. Martin, Asst. Federal Public Defender, Atlanta, Ga., for Henry Smith.

Murray M. Silver, Atlanta, Ga., for Kenneth W. Whitmore.

William L. Harper, U. S. Atty., William L. McCulley, Atlanta, Ga., Ann T. Wallace, Joseph S. Davies, Jr., Katherine Winfree, Attys., Dept. of Justice, Appellate Section, Criminal Div., Washington, D. C., for plaintiff-appellee.

Before BROWN, Chief Judge, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, MORGAN, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, and VANCE.

Rehearing En Banc Granted August 7, 1978.

TUTTLE, Circuit Judge:

These appeals arise from two separate trials but involve the same alleged conspiracy, revolving around Fred Hill in Atlanta, to bring in heroin and cocaine from California for distribution in Atlanta and Philadelphia. Appellants James and Butler, who were tried first along with four other co-defendants, were convicted of conspiracy to possess heroin and cocaine with the intent to distribute,...

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