UNITED STATES v. DAVIS

No. 80-9083.

656 F.2d 153 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Morris O'Neal DAVIS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B.

Rehearing Denied January 18, 1982.


Attorney(s) appearing for the Case

Fred Blanton, Birmingham, Ala., for defendant-appellant.

Holly L. Wiseman, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

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


HATCHETT, Circuit Judge:

Morris O'Neal Davis appeals his conviction and sentence for possession with intent to distribute marijuana and possession with intent to distribute quaaludes, both in violation of 21 U.S.C. § 841(a)(1). Davis complains (1) that the district court committed plain error by giving certain jury instructions; (2) that multiple sentences for the simultaneous possession of two drugs are not authorized by the statute; and (3) that the sentence...

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