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UNITED STATES v. MACKER

No. 78-5316.

608 F.2d 223 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Joe MACKER and Walter Flansburg, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 14, 1980.

Attorney(s) appearing for the Case

Donald L. Ferguson, Miami, Fla., for Macker.

Thomas F. Almon, Miami, Fla., for Flansburg.

Michael P. Sullivan, Stephen B. Gillman, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before GEWIN, AINSWORTH and REAVLEY, Circuit Judges.

AINSWORTH, Circuit Judge:

In this narcotics prosecution defendants-appellants Joe Macker and Walter Flansburg, along with codefendants Howard White and Robert Anthony Mineo, were charged in a six-count indictment filed in the United States District Court for the Southern District of Florida as follows: Count I charged all four defendants with conspiracy to distribute and possess cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846; Counts II and III charged...

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