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UNITED STATES v. SELLERS

Nos. 79-1107, 79-1112 to 79-1114, 79-1125 and 79-1126.

603 F.2d 53 (1979)

UNITED STATES of America, Appellee, v. Preston SELLERS, Appellant. UNITED STATES of America, Appellee, v. Johnnie CARADINE, Appellant. UNITED STATES of America, Appellee, v. Donald ALLEN, Appellant. UNITED STATES of America, Appellee, v. William E. JEWETT, Appellant. UNITED STATES of America, Appellee, v. Dennis Lavern ENGLISH, Appellant. UNITED STATES of America, Appellee, v. William James MONROE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 7, 1979.

Rehearing and Rehearing Denied September 11, 1979.

Attorney(s) appearing for the Case

John D. Hudson, Carney, Hudson & Williams, Des Moines, Iowa, for appellant, Sellers.

Mark W. Bennett, Des Moines, Iowa, for appellant, Jewett; R. Earl Barrett, Des Moines, Iowa, for appellant, Monroe; David C. Shinkle, Robert H. Laden, Frank A. Comito, Des Moines, Iowa, on the briefs.

John O. Martin, Sp. Asst. U. S. Atty., Kansas City, Kan., for appellee; Roxanne Barton Conlin, U. S. Atty., and Amanda M. Dorr, Asst. U. S. Atty., Des Moines, Iowa, on the brief.

Before GIBSON, Chief Judge, and ROSS and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied September 11, 1979.

ROSS, Circuit Judge.

Defendants were tried jointly for conspiracy to distribute heroin in violation of 21 U.S.C. § 846. The jury returned a verdict of guilty as to each, and the district court1 sentenced each defendant to four years imprisonment to be followed by a special three year parole term, 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A). On appeal defendants...

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