UNITED STATES v. MARTIN

No. 77-2884. Summary Calendar.

574 F.2d 1359 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas Clinton MARTIN and Thomas Ray Martin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 18, 1978.


Attorney(s) appearing for the Case

Lawrence S. Katz, Miami Beach, Fla., for defendants-appellants.

J. V. Eskenazi, U. S. Atty., Karen L. Atkinson, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, GODBOLD and RUBIN, Circuit Judges.


Rehearing and Rehearing En Banc Denied August 18, 1978.

ALVIN B. RUBIN, Circuit Judge:

Appellants, father and son, were convicted upon a bench trial of a conspiracy to import marijuana into the United States from the Bahamas and to possess marijuana with intent to distribute it, in violation of 21 U.S.C. § 963. On appeal, they contend that the district court erred in denying their motions to dismiss the indictment on grounds of former jeopardy; and that...

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