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UNITED STATES v. ALFREY

No. 79-5014.

620 F.2d 551 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Thomas ALFREY, Davis Michael Haight and Grover P. Kennedy, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

July 3, 1980.

Attorney(s) appearing for the Case

Edward S. Campbell, III, Tampa, Fla. (court-appointed), for Alfrey.

Angelo M. Ferlita, Tampa, Fla. (court-appointed), for Haight.

Philip J. Padovano, Tallahassee, Fla., for Kennedy.

Gary J. Takacs, Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before SIMPSON, CHARLES CLARK, and FRANK M. JOHNSON, Jr., Circuit Judges.

(Opinion February 20, 1980, 612 F.2d 180 (5th Cir. 1980))

SIMPSON, Circuit Judge:

The Court withdraws its opinion dated February 20, 1980, 612 F.2d 180, in its entirety and substitutes therefor the following:

A jury convicted appellants Alfrey, Haight and Kennedy of importing marijuana, possessing marijuana with intent to distribute it, and conspiring to commit these offenses in...

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