UNITED STATES v. PATTON

No. 78-5490.

594 F.2d 444 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Tom Henry PATTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 3, 1979.


Attorney(s) appearing for the Case

Robert B. Thompson, Gainesville, Ga., for defendant-appellant.

J. A. Canales, U. S. Atty., Anna E. Stool, George A. Kelt, Jr., Asst. U. S. Attys., Houston, Tex., Emilio Davila, Asst. U. S. Atty., Laredo, Tex., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before JONES, CLARK and GEE, Circuit Judges.


PER CURIAM:

Appellant Tom Henry Patton was indicted and convicted on one count charging conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. § 846. Patton appeals his conviction on three grounds.1 He contends that there was prejudicial variance between indictment and proof, that two alleged hearsay statements were improperly admitted, and that he was prejudiced by rearraignment in mid-trial. Rejecting...

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