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UNITED STATES v. MARABLE

No. 77-5412.

578 F.2d 151 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Melvin MARABLE, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 14, 1978.

Attorney(s) appearing for the Case

David B. Byrne, Jr., Montgomery, Ala., Herbert Shafer, Atlanta, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., Robert A. Boas, Asst. U. S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before TUTTLE, COLEMAN, and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

The defendant Melvin Marable appeals his conviction after trial to a jury for conspiring to possess cocaine with intent to distribute it, in violation of 21 U.S.C.A. § 846, and to distribute it, in violation of 21 U.S.C.A. § 841(a)(1). This court recently affirmed an earlier conviction of Marable for conspiracy to possess and to distribute heroin. United States v. Marable, 574 F.2d 224

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