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UNITED STATES v. MEACHAM

No. 79-5190.

626 F.2d 503 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas MEACHAM, Joseph Ward, Edward William Gilroy, Bobby Gene Hayes and Donald L. Metsger, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 26, 1980.

Attorney(s) appearing for the Case

Barry Hess, Mobile, Ala., for Meacham.

Howard M. Zeidwig, Fort Lauderdale, Fla., for Ward.

Theodore S. Worozbyt, Atlanta, Ga., for Gilroy and Hayes.

Thomas M. Haas, Mobile, Ala., for Metsger.

Wm. A. Kimbrough, Jr., U. S. Atty., William R. Favre, Jr., Asst. U. S. Atty., Mobile, Ala., for the U. S.

Before WISDOM, POLITZ and SAM D. JOHNSON, Circuit Judges.

POLITZ, Circuit Judge:

Appellants Thomas Meacham, Joseph Ward, Edward William Gilroy, Bobby Gene Hayes and Donald L. Metsger, along with three others, were indicted on three counts of violating laws relating to controlled substances. Count One charged that the eight had attempted in violation of 21 U.S.C. § 846 to possess marijuana with intent to distribute. Count Two charged that they had conspired in violation of 21 U.S.C. § 846 to attempt to distribute...

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