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UNITED STATES v. GEDERS

No. 79-2551 Summary Calendar.

625 F.2d 31 (1980)

UNITED STATES of America, Plaintiff-Appellee, v. John A. GEDERS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

August 27, 1980.

Attorney(s) appearing for the Case

Arnold D. Levine, Tampa, Fla., for defendant-appellant.

Anthony J. LaSpada, Sp. Asst. U. S. Atty., Tampa, Fla., for plaintiff-appellee.

Before GEE, HENDERSON and HATCHETT, Circuit Judges.

HENDERSON, Circuit Judge:

We affirm the district court's refusal to grant a third trial to the appellant. In his second trial,1 Geders was convicted of conspiracy to import marijuana and the related substantive offenses of importation of marijuana and possession of marijuana with intent to distribute. 21 U.S.C.A. §§ 952(a), 960(b), and 841(a)(1).

Geders' defense was entrapment. He testified he would not have joined the...

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