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UNITED STATES v. SHOVEA

Nos. 77-1078, 77-1079 and 77-1184.

580 F.2d 1382 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Scott Andrew SHOVEA, Gebbie Hugh Robba, Stephen Howard Gaias, Jr., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 27, 1978.

Rehearing Denied September 13, 1978.

Attorney(s) appearing for the Case

Jonathan L. Olom, Denver, Colo. (Stanley H. Marks, Denver, Colo., on brief) for appellant Shovea.

Edward L. Kirkwood, Asst. Federal Public Defender, Denver, Colo. (Daniel J. Sears, Federal Public Defender, Denver, Colo., on brief) for appellants Robba and Gaias.

Edward W. Nottingham, Asst. U. S. Atty., Denver, Colo., for appellee (Joseph F. Dolan, U. S. Atty., Denver, Colo., with him on brief for Shovea and Robba, Cathlin Donnell, U. S. Atty., Denver, Colo. (Interim) with him on brief for Gaias).

Before BARRETT, and McKAY, Circuit Judges, and BRATTON, District Judge.

Rehearing Denied in No. 77-1078 September 13, 1978.

BARRETT, Circuit Judge.

Scott Shovea (Shovea), Gebbie Robba (Robba) and Stephen Gaias (Gaias) appeal their jury convictions of conspiracy to manufacture and possess with intent to distribute methamphetamine, a schedule II controlled substance, in violation of 18 U.S.C.A. § 2 and 21 U.S.C.A. § 841(a)(1).

Appellants were originally indicted with Geoffrey Hungerford (Hungerford). At the commencement...

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