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UNITED STATES v. POLLACK

Nos. 80-2173, 80-2184.

640 F.2d 1152 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Steve POLLACK and John Hudson Whitaker, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 13, 1981.

Attorney(s) appearing for the Case

Philard L. Rounds, Jr., Asst. U. S. Atty. (Hubert H. Bryant, U. S. Atty., with him on brief), N. D. Oklahoma, Tulsa, Okl., for plaintiff-appellee.

Randolph L. Schaffer, Jr., Houston, Tex. (Richard Haynes, Haynes & Fullenweider, P. L. C., Houston, Tex. and Patrick Williams, Tulsa, Okl., with him on brief), for defendant-appellant John Hudson Whitaker.

Thomas J. Nolan, Palo Alto, Cal., on brief, for defendant-appellant Steve Pollack.

Before McWILLIAMS, BREITENSTEIN and McKAY, Circuit Judges.

McWILLIAMS, Circuit Judge.

This appeal involves a claim of double jeopardy. The two appellants, Steve Pollack and John Hudson Whitaker, along with five other persons, were charged with conspiring to import cocaine into the United States in violation of 21 U.S.C. §§ 952(a), 960(a)(1), and 963. In a second count, Whitaker and two other persons, but not Pollack, were charged with conspiring to possess cocaine with an intent to distribute, and with distributing...

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