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UNITED STATES v. PERKINS

No. 78-5528.

608 F.2d 1064 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Gene PERKINS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 27, 1979.

Attorney(s) appearing for the Case

Theodore L. Tripp, Jr., Tobias Simon, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Linda Collins Hertz, Alan L. Weisberg, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before THORNBERRY, CHARLES CLARK and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge:

Appellant Michael Gene Perkins was charged in a two count indictment with importation of cocaine and possession with intent to distribute cocaine in violation of 21 U.S.C. § 9521 and 21 U.S.C. § 8412, respectively. The district court, without a jury, convicted Perkins on the former count and acquitted him on the latter. He appeals on the ground that the district court erred...

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