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UNITED STATES v. THOMAS

Nos. 79-1217 to 79-1222, 79-1349 and 79-1350.

632 F.2d 837 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Donald THOMAS, a/k/a Donald Ray Thomas et al., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided July 31, 1980.

Certiorari Denied November 3, 1980.

Rehearing Denied December 4, 1980.

Attorney(s) appearing for the Case

Wade S. Livingston, Atty., Dept. of Justice, Washington, D. C. (Ronald L. Rencher, U. S. Atty., District of Utah, Salt Lake City, Utah, and William C. Bryson, Atty., Dept. of Justice, Washington, D. C., with him on the brief), for plaintiff-appellee.

Carl E. K. Johnson, Denver, Colo., for defendant-appellant Harold Donald Thomas.

Randall T. Gaither, Salt Lake City, Utah, for defendants-appellants Vera Mason, Lucy Turner, Lorenzo Hubbard and Charles Franklin Himes.

Jerome H. Mooney, Salt Lake City, Utah, for defendants-appellants Billy Charles Harris, Virdia Louise Joshua, a/k/a Birdia Lousie Joshua, a/k/a Birdie Lousie Harris, and Theresa Haynes, a/k/a Teri Thomas.

Before BARRETT and DOYLE, Circuit Judges, and MILLER, Judge.

Certiorari Denied November 3, 1980. See 101 S.Ct. 373.

Rehearing Denied in No. 79-1217 December 4, 1980.

WILLIAM E. DOYLE, Circuit Judge.

The defendants here appeal convictions of conspiracy to distribute heroin, contrary to 21 U.S.C. Section 846. There was a total of 22 persons indicted, all of whom were charged in the same conspiracy. Some were not, however, tried in the present case. The charge against Jelly Henderson was dismissed before trial...

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