UNITED STATES v. WHITMIRE

No. 77-5359.

595 F.2d 1303 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Gary WHITMIRE and Donald John Williams, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

June 4, 1979.


Attorney(s) appearing for the Case

Michael J. Rosen, Miami, Fla., for defendants-appellants.

Jack V. Eskenazi, U. S. Atty., David F. Geneson, Jamie L. Whitten, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before COLEMAN, GEE and RUBIN, Circuit Judges.


GEE, Circuit Judge:

A district court, sitting without a jury, convicted appellants Michael Whitmire and Donald Williams of possession of marijuana with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Whitmire was also convicted of importation of marijuana in violation of 21 U.S.C. §§ 952(a), 960(a)(1); Williams was acquitted of that charge. On appeal they argue that due process was violated by the trial court's referral of their motion to...

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