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UNITED STATES v. SMITH

Nos. 77-1510, 77-1514, 77-1515 and 77-1524.

578 F.2d 1227 (1978)

UNITED STATES of America, Appellee, v. Leonard SMITH, Appellant. UNITED STATES of America, Appellee, v. Myron JACKSON, a/k/a Hamp, Appellant. UNITED STATES of America, Appellee, v. Russell SPEARMAN, Appellant. UNITED STATES of America, Appellee, v. Faustino SELVERA, a/k/a "Mexican Frank," Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 17, 1978.

Rehearing Denied June 7, 1978.

Attorney(s) appearing for the Case

J. Joseph McQuillan, Omaha, Neb., for Leonard Smith and Faustino Selvera; Anthony S. Troia, Omaha, Neb., on brief for Leonard Smith, Russell Spearman and Myron Jackson. McQuillan on brief for Faustino Selvera.

Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., for appellee; Daniel E. Wherry (former U. S. Atty.), Omaha, Neb., on brief.

Before LAY, HEANEY and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 7, 1978.

HEANEY, Circuit Judge.

Leonard Smith, Myron Jackson, Russell Spearman and Faustino Selvera were convicted on one count of conspiracy to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1) and 846. Smith and Jackson were given seven-year sentences. Spearman and Selvera were given eight-year sentences. Each of the appellants was also given a special three-year parole term. The most important...

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