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UNITED STATES v. BREWER

Nos. 79-1447 to 79-1450.

630 F.2d 795 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Richard BREWER, Johnny Ray McPhail, Billy Burns and Red M. Cain, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided September 26, 1980.

Attorney(s) appearing for the Case

Hubert H. Bryant, U. S. Atty., and Kenneth P. Snoke, Asst. U. S. Atty., Tulsa, Okl., for plaintiff-appellee.

Terry L. Meltzer, Tulsa, Okl., for defendant-appellant Richard Brewer.

David O. Harris and Howard Sell, Tulsa, Okl., for defendant-appellant Johnny Ray McPhail.

Gomer A. Evans, Jr. of Oliver & Evans, Inc., Tulsa, Okl., for defendant-appellant Billy Burns.

Larry A. Gullekson and Stanley D. Monroe, of Frasier & Frasier, Tulsa, Okl., for defendant-appellant Red M. Cain.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

BARRETT, Circuit Judge.

Appellants are among seven defendants charged with knowingly and intentionally conspiring to distribute, and to possess with intent to distribute, amphetamine, a Schedule II controlled substance, in violation of 21 U.S.C.A. §§ 841(a)(1) and 846. Of the seven defendants named in the indictment, two pleaded guilty and testified for the Government. The remaining five defendants were found guilty...

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