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UNITED STATES v. BROWN

No. 78-5345.

604 F.2d 347 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. James E. BROWN and David R. Scott, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied November 15, 1979.

Attorney(s) appearing for the Case

William F. Alexander, Kerry P. Fitzgerald, Dallas, Tex., for Brown.

Bill M. Glaspy, Mesquite, Tex., for Scott.

John H. Hannah, Jr., U. S. Atty., Heriberto Medrano, Asst. U. S. Atty., Tyler, Tex., for plaintiff-appellee.

Before TJOFLAT and VANCE, Circuit Judges, and ALLGOOD, District Judge.

VANCE, Circuit Judge:

This prosecution involves an alleged attempt and conspiracy by James E. Brown and David R. Scott during the summer of 1976 to have their grocery store in Wills Point, Texas, blown up. The events began in May 1976 when Scott sought information about purchasing untraceable explosives to blow up a building. A series of negotiations between Brown and undercover agents of the Bureau of Alcohol, Tobacco and Firearms concerning employment of an explosives...

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