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UNITED STATES v. BOBO

No. 77-5523.

586 F.2d 355 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Augustus Charles BOBO, Jimmy Hancock, Jimmy Bruce Rowan, and Robert W. Kennington, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 29, 1979.

Attorney(s) appearing for the Case

John C. Rockett, Jr., Birmingham, Ala. (Court-appointed), Fred Blanton, Jr., Birmingham, Ala. (Court-appointed Co-counsel), for Bobo.

Roger C. Appell, Birmingham, Ala. (Court-appointed), for J. Hancock.

John Tucker, Jr., Birmingham, Ala., Rowan S. Bone, Gadsden, Ala., for Rowan.

J. Louis Wilkinson, Birmingham, Ala., for Kennington.

J. R. Brooks, U. S. Atty., Bill L. Barnett, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before TJOFLAT and HILL, Circuit Judges, and HIGGINBOTHAM, District Judge.

TJOFLAT, Circuit Judge:

Jimmy Bruce Rowan, Jimmy Hancock, Robert W. Kennington and Augustus Charles Bobo were convicted by a jury of conspiring to possess and distribute heroin in violation of 21 U.S.C. § 841(a)(1) (1976). In addition, Jimmy Bruce Rowan was convicted of nine counts of possessing and aiding and abetting in the possession of heroin with intent to distribute,1 in violation of 21 U.S.C. § 841(a)(1) (1976) and 18...

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