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UNITED STATES v. CARTER

Nos. 78-1583, 78-1588 and 78-1590.

613 F.2d 256 (1979)

UNITED STATES of America, Appellee, v. Bennie CARTER, Clifton Carter, Edward Lee Carter, Lynette Carter, Mary Jane Carter, Tommy Carter, and Chuck Sweeten, Appellants.

United States Court of Appeals, Tenth Circuit.

Decided November 27, 1979.

Rehearing Denied March 5, 1980.

Attorney(s) appearing for the Case

Jesse L. Leeds, Muskogee, Okl., for appellants, Bennie Carter, Clifton Carter, Edward Lee Carter, and Mary Jane Carter.

Brian K. Holland, of Haddon, Morgan & Foreman, Denver, Colo. (G. Bryan Morgan, Denver, Colo., with him on the brief), for appellants, Lynette Carter, Tommy Carter, and Chuck Sweeten.

Julian K. Fite, U. S. Atty., Muskogee, Okl., for appellee.

Before SETH, Chief Judge, HOLLOWAY, Circuit Judge, and BOHANON, District Judge.

SETH, Chief Judge.

This is an appeal by seven codefendants after a single trial in which all defendants were charged with conspiracy to manufacture, possess with intent to distribute, and distribute marijuana. Various defendants were charged with one or more substantive counts. The Government moved to dismiss as to two defendants during trial, and three other defendants were acquitted of all charges. Appellant, Clifton Carter, was convicted on all counts, and each...

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