UNITED STATES v. WOLFFS

No. 78-5216.

594 F.2d 77 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Michael A. WOLFFS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 26, 1979.


Attorney(s) appearing for the Case

James J. Macie, Atlanta, Ga., for defendant-appellant.

D. L. Rampey, Jr., U. S. Atty., Edgar W. Ennis, Jr., Asst. U. S. Atty., Macon, Ga., for plaintiff-appellee.

Before GOLDBERG, SIMPSON and CLARK, Circuit Judges.


SIMPSON, Circuit Judge:

Defendant Michael A. Wolffs was convicted of one count of conspiring to possess with intent to distribute marijuana and conspiring to distribute marijuana in violation of 21 U.S.C. § 846, and two counts of using a communication facility (a telephone) in committing a felony in violation of 21 U.S.C. § 843(b). For the reasons stated hereinafter we reverse and remand for a new trial.

I. STATEMENT OF FACTS

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