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UNITED STATES v. BERD

No. 79-5688.

634 F.2d 979 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Howard BERD and Robert Lee Dismuke, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied March 11, 1981.

Attorney(s) appearing for the Case

Douglas N. Peters, Decatur, Ga., for Berd.

Ray C. Norvell, Decatur, Ga., for Dismuke.

Charles S. Saphos, Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before MORGAN, ANDERSON and THOMAS A. CLARK, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge.

Appellants Howard Berd and Robert Lee Dismuke were jointly tried and convicted of possessing cocaine hydrochloride with intent to distribute it and of aiding and abetting each other in the commission of that offense, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Prior to the trial appellants sought unsuccessfully to suppress the introduction of the cocaine on the ground that it had been obtained by Drug Enforcement...

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