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UNITED STATES v. JOHNSON

No. 77-5327.

575 F.2d 1347 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Charles A. JOHNSON, Dennis Lee Lipper, Lawrence Jess Storey, Jr., Jesse Roscoe Storey, Roger Mark Schlager and Brent Harelson, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 5, 1978.

Attorney(s) appearing for the Case

Carl E. Stewart, Newport Beach, Cal., for Lipper.

James P. Judkins, Tallahassee, Fla., for J. Storey & L. Storey.

William L. Camper, Tallahassee, Fla., for Schlager.

Richard B. Mazer, San Francisco, Cal., John L. Pollok, New York City, for Harelson.

Nickolas P. Geeker, U. S. Atty., Pensacola, Fla., Robert J. Erickson, Joseph S. Davies, Jr., Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before TUTTLE, MORGAN and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The six appellants in this case were named in five counts of an indictment charging them with crimes related to marijuana transactions occurring between July 1971 and December 1974. Count I charged all appellants with conspiracy to import marijuana in violation of 21 U.S.C. §§ 952 and 963. Counts II, III, and IV charged specific substantive acts of importation, violations of 21 U.S.C. § 952(a). Count V charged all appellants...

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