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UNITED STATES v. JOHNSON

Nos. 80-1283, 80-1295, and 80-1321.

645 F.2d 865 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth JOHNSON, Max Abiledinger, and Patrick Joseph Armstrong, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided April 9, 1981.

Rehearing Denied May 8, 1981

Attorney(s) appearing for the Case

Charles Lee Waters, Asst. U. S. Atty., Oklahoma City, Okl., (Larry D. Patton, U. S. Atty., Oklahoma City, Okl., with him on brief), for plaintiff-appellee.

Stephen Jones (James Craig Dodd, Enid, Okl., with him on brief), for Max Abiledinger and Kenneth Johnson, defendants-appellants.

Leonard D. Munker, Federal Public Defender, District of Kansas, Wichita, Kan., for Patrick Joseph Armstrong, defendant-appellant.

Before McWILLIAMS, WILLIAM E. DOYLE, and LOGAN, Circuit Judges.

Rehearing Denied in Nos. 80-1283 and 80-1295 May 8, 1981

McWILLIAMS, Circuit Judge.

Max Abiledinger, Kenneth Johnson, and P. Joseph Armstrong, along with five other persons, were charged in a 26-count indictment with conspiracy to possess and distribute marijuana and cocaine, in violation of 21 U.S.C. §§ 846, 841(a)(1) (1972) and 18 U.S.C. § 2 (1979), and with various substantive violations of the Controlled Substances Act. Abiledinger and Johnson...

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