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UNITED STATES v. HODGES

No. 79-5071.

606 F.2d 520 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Lavonne HODGES, a/k/a Lavonnie Hodges, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 9, 1979.

Attorney(s) appearing for the Case

Myron H. Thompson (Court-appointed), Dothan, Ala., for defendant-appellant.

Charles R. Niven, Asst. U.S. Atty., Montgomery, Ala., for plaintiff-appellee.

Before COLEMAN, RONEY and FAY, Circuit Judges.

FAY, Circuit Judge:

By jury trial on January 15, 1979, Lavonne Hodges was convicted of conspiracy to possess and possession of marijuana with intent to distribute, in violation of 21 U.S.C. §§ 846 and 841(a)(1). He appeals from conviction on both counts, essentially challenging the sufficiency of evidence showing his membership in the conspiracy charged. He claims that at best the evidence shows only his role in a subplot to rob others who are alleged to...

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