UNITED STATES v. ALFREY

No. 79-5014.

612 F.2d 180 (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.

February 20, 1980.


Attorney(s) appearing for the Case

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

Angelo M. Ferlita, (Court-appointed), Tampa, Fla., 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.


SIMPSON, Circuit Judge:

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 violation of 21 U.S.C. §§ 841, 846, 952, and 963, and 18 U.S.C. § 2. They were each sentenced to three concurrent four year sentences.

We consider on this appeal three challenges to the convictions. First, all appellants argue that the district judge...

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