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UNITED STATES v. RICKS

No. 79-5728.

639 F.2d 1305 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. James W. RICKS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

March 19, 1981.

Attorney(s) appearing for the Case

Oliver Harris Doss, Blue Ridge, Ga., W. Courtney LaFon, Roswell, Ga., for defendant-appellant.

Denver L. Rampey, Jr., U. S. Atty., Macon, Ga., John C. Winkfield, Robert J. Erickson, Attys., Crim. Div., Appellate Sec., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.

Before GODBOLD, Chief Judge, and TUTTLE and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

James Ricks appeals a jury conviction for conspiracy to possess with intent to distribute approximately 1,000 pounds of marijuana. 21 U.S.C. §§ 841(a)(1) and 846. He raises the following arguments:

1. The trial court violated Federal Rule of Criminal Procedure 32 in ruling that a presentence investigation report was unnecessary. 2. The trial court erred in relying on previous trial testimony from a separate...

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