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UNITED STATES v. SUTTON

No. 79-5681.

636 F.2d 96 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. John Ellis SUTTON, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit A

February 2, 1981.

Attorney(s) appearing for the Case

W. B. "Bennie" House, Jr., Houston, Tex., for Sutton.

Carl Walker, Jr., M. Angela Flores, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before COLEMAN, CHARLES CLARK and REAVLEY, Circuit Judges.

COLEMAN, Circuit Judge.

Defendant John Ellis Sutton was found guilty of conspiracy to dispense and distribute Schedule II controlled substances in violation of 21 U.S.C., Section 846.1 Sutton's co-defendant, Johnny Lester Randolph, was also convicted of the same charge but abandoned his appeal in return for a plea bargaining agreement. Sutton challenges his conviction on the ground that the jury...

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