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UNITED STATES v. McGUIRE

No. 79-5020.

608 F.2d 1028 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis Edward McGUIRE and Benjamin Rivera, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied February 20, 1980.

Attorney(s) appearing for the Case

Michael J. Doddo, Miami, Fla., for McGuire.

Robyn J. Hermann, Asst. Fed. Public Defender, Miami, Fla., for Rivera.

Bruce A. Zimet, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, TJOFLAT and GARZA, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 20, 1980.

GARZA, Circuit Judge:

Dennis McGuire and Benjamin Rivera were accused of having taken part in a scheme to sell cocaine along with Leah Skwierc, who pleaded guilty, and Elroy Garcia, who is a fugitive. McGuire and Rivera were tried together, and convicted on each of three counts charged in the indictment: Conspiracy to distribute cocaine, distribution of cocaine, and possession of cocaine with the intent...

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