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UNITED STATES v. ODUM

No. 79-5416.

625 F.2d 626 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Lee ODUM, Willie James Holmes, Rufus Nathaniel Murray, Glen Dale Sivils, Moses Jones, David Coleman Butler, III, Ennis Boyd Taylor, Terry Allen Smith, Alan Louis Smith and Ellis Arnold Phillips, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 10, 1980.

Attorney(s) appearing for the Case

John Wright Jones, Savannah, Ga., for Holmes, Murray, Sivils & Jones.

Jim Blanchard, Jr., Augusta, Ga., for Butler.

Lewis M. Groover, Jr., Atlanta, Ga., for Smith, Smith and Phillips.

Alvin E. Entin, North Miami Beach, Fla., Thomas Curry Bordeaux, Jr., Savannah, Ga., for Holmes, Murray, Sivils & Jones.

James K. Jenkins, Atlanta, Ga., for Odum & Taylor.

Melissa S. Mundell, William H. McAbee, II, Asst. U.S. Attys., Savannah, Ga., for plaintiff-appellee.

Before HENDERSON, HATCHETT and TATE, Circuit Judges.

HATCHETT, Circuit Judge:

Each of the ten appellants herein was convicted on Count I for conspiracy to knowingly and intentionally possess marijuana, in violation of 21 U.S.C. § 846, and on Count II for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1). David Coleman Butler was also convicted on Count III for unlawfully using a firearm during the commission of the above enumerated offenses, and on Count IV for unlawfully...

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