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UNITED STATES v. CLAYBORNE

Nos. 77-1568, 77-1570.

584 F.2d 346 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Monty Edward CLAYBORNE, Jr. and George Ingram, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided August 22, 1978.

Attorney(s) appearing for the Case

Joseph F. Dolan, U. S. Atty., and William C. Danks, Asst. U. S. Atty., Denver, Colo., for plaintiff-appellee.

Lawrence Rotenberg, Denver, Colo., for defendant-appellant Clayborne.

Michael F. DiManna, Denver, Colo., for defendant-appellant Ingram.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

Clayborne and Ingram were indicted for the manufacture of a controlled substance, amphetamines, and for conspiracy to so manufacture. The substantive offense was pursuant to 21 U.S.C. § 841(a)(1), whereas the conspiracy was pursuant to 21 U.S.C. § 846 and § 841(a)(1). A third participant, one Kuck, was also indicted and convicted. That judgment has been affirmed by this court in United States v. Kuck, ...

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