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UNITED STATES v. HERBST

No. 80-7341.

641 F.2d 1161 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Alan Forest HERBST, Mark Blane Griffin and Stephen Dale McGowan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

April 8, 1981.

Attorney(s) appearing for the Case

Kenneth T. Humphries (Court appointed), Atlanta, Ga., for Herbst.

Jay Strongwater, Asst. Federal Public Defender, Atlanta, Ga., for Griffin.

Michael A. Kessler (Court appointed), Atlanta, Ga., for McGowan.

Richard W. Hendrix, Asst. U. S. Atty., Atlanta, Ga., for United States.

Before TJOFLAT and FRANK M. JOHNSON, Jr., Circuit Judges and SCOTT, District Judge.

FRANK M. JOHNSON, Jr., Circuit Judge:

Facts

Appellant Alan Herbst was convicted after a non-jury trial of knowingly, intentionally and unlawfully possessing 110.1 grams of cocaine hydrochloride with intent to distribute in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2.1 Appellants Mark Griffin and Stephen McGowan were charged with aiding and abetting Herbst; Griffin and McGowan were also found guilty...

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