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U.S. v. BURMAN

Nos. 77-1792, 77-1794 and 77-1795.

584 F.2d 1354 (1978)

UNITED STATES of America, Appellee, v. Charles BURMAN, Appellant. UNITED STATES of America, Appellee, v. Joseph Lewis WALKER, Appellant. UNITED STATES of America, Appellee, v. Julia WALKER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 13, 1978.

Attorney(s) appearing for the Case

Joel Hirschhorn, Miami, Fla. (Hirschhorn & Freeman, Miami, Fla., on brief), for appellants in 77-1794 and 77-1795.

James J. Gitomer, Baltimore, Md., for appellant in 77-1792.

Donald H. Feige, Asst. U. S. Atty., Baltimore, Md. (Russell T. Baker, Jr., U. S. Atty. and Neal M. Janey, Asst. U. S. Atty., on brief), for appellee.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

K. K. HALL, Circuit Judge:

Joseph L. and Julia Walker, husband and wife, and Charles Robert Burman, Sr., appeal their convictions for conspiracy to violate narcotic laws under 21 U.S.C.A. § 846.

They raise numerous issues — only two of which we think require extensive comment. First, they allege a fatal variance between their indictment for participation in a single heroin distribution organization when, they contend, the government's proof showed...

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