UNITED STATES v. DeSIMONE

No. 79-5675.

660 F.2d 532 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Anthony DeSIMONE, III, George Robert Thomson, George Christopher Broderick, Phillip Eugene Miner, David Hampton Butler, Warren Waldon, a/k/a Warren Cook, John Robert Howard, a/k/a John Hamilton, Roy Barron Elder and William Robert Ralston, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied December 17, 1981.


Attorney(s) appearing for the Case

Steven W. Ludwick, Atlanta, Ga., for DeSimone.

Alvin E. Entin, North Miami Beach, Fla., for Thomson, Broderick, Howard, Elder, Ralston and Waldon.

Sheldon "Skip" Taylor, Miami, Fla. (Court-appointed), for Butler and Miner.

W. A. Kimbrough, Jr., U. S. Atty., William R. Favre, Jr., Asst. U. S. Atty., Mobile, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, and MORGAN and HENDERSON, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 17, 1981.

HENDERSON, Circuit Judge:

This case originated with the indictment of sixteen defendants, all of whom were charged in four counts with distribution and possession with intent to distribute marijuana, 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2; conspiracy to distribute and to possess with intent to distribute marijuana, 21 U.S.C.A. § 846, importation of marijuana, 21 U.S.C.A. § 952...

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