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UNITED STATES v. COWARD

Nos. 79-5099, 79-5100.

630 F.2d 229 (1980)

UNITED STATES of America, Appellee, v. Billy Thomas COWARD, Appellant. UNITED STATES of America, Appellee, v. Robert Dixon COFFEY, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1980.

Attorney(s) appearing for the Case

N. Carlton Tilley, Jr., Greensboro, N. C., and V. Edward Jennings, Jr., Winston-Salem, N. C., for appellants.

David B. Smith, Asst. U. S. Atty., Greensboro, N. C. (H. M. Michaux, Jr., U. S. Atty., Durham, N. C., on brief), for appellee.

Before WIDENER and SPROUSE, Circuit Judges, and HADEN, District Judge.

SPROUSE, Circuit Judge:

A district court jury found the defendants Coffey and Coward guilty of both illegally conspiring to distribute and distributing Schedule II controlled substances.1 An extensive 1978 investigation of illegal Schedule II drug sales in the Landis, North Carolina area had implicated both pharmacists. Agents of the North Carolina Board of Pharmacy testified that the defendants routinely filled prescriptions ostensibly...

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