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UNITED STATES v. SMITH

No. 77-5387.

588 F.2d 111 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel S. SMITH and Grover Lamar Lee, a/k/a Poss, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 17, 1979.

Attorney(s) appearing for the Case

Eugene Loftin, Jacksonville, Fla. (Court-appointed), for Lee.

James L. Harrison, Jacksonville, Fla., for Smith.

John J. Daley, Jr., Curtis Fallgatter, Asst. U. S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD and FAY, Circuit Judges.

JOHN R. BROWN, Chief Judge:

Appellants Samuel S. Smith and Grover Lamar "Poss" Lee were tried with two other defendants1 on charges of possession with intent to distribute marijuana and with conspiracy to distribute. A jury found Smith guilty on both counts and Lee guilty only of conspiracy. Both appeal, alleging various defects in their trial. Upon consideration of these claims, we affirm Smith's conviction but reverse Lee's and remand...

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