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UNITED STATES v. DAYTON

No. 78-5271. Summary Calendar.

592 F.2d 253 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Winston Eugene DAYTON, John Webster Flanagan, and John Morgan Flanagan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied Granted May 4, 1979.

Attorney(s) appearing for the Case

John Webster Flanagan, pro se.

John Morgan Flanagan, pro se.

Tom Pearl, Austin, Tex. (Court-appointed), for John Morgan Flanagan.

E. Lee Yeakel, III, Austin, Tex., for Dayton.

Jamie C. Boyd, U. S. Atty., Le Roy Morgan Jahn, Archie Carl Pierce, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before BROWN, Chief Judge, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE and KRAVITCH, Circuit Judges.

Rehearing Denied En Banc Granted May 4, 1979.

PER CURIAM:

Dayton, John W. Flanagan and John M. Flanagan appeal from their convictions and sentences on guilty pleas stemming from participation in a substantial drug-smuggling conspiracy. Appellants Flanagan present the same complaints about the proceedings as did James Cecil Flanagan, sentenced at the same time, whose conviction is affirmed in United States v. Flanagan, 592 F.2d 252

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