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UNITED STATES v. KILLIAN

Nos. 79-5277, 79-5278.

639 F.2d 206 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. George Edward KILLIAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. George Edward KILLIAN and Robert Brunk, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing Denied April 23, 1981.

Attorney(s) appearing for the Case

Mario J. Martinez (Court-appointed), El Paso, Tex., for Killian in both cases.

Richard C. Robins, El Paso, Tex., for defendant-appellant in 79-5277.

Jamie C. Boyd, U. S. Atty., LeRoy Morgan Jahn, Asst. U. S. Atty., San Antonio, Tex., Mike McDonald, Jerry Tanzy, Trial Attys., El Paso, Tex., for U. S. in both cases.

Raymond C. Caballero (Court-appointed), El Paso, Tex., for Brunk.

Before WISDOM, GARZA and REAVLEY, Circuit Judges.

GARZA, Circuit Judge:

The appellants were tried before a jury on a three-count indictment, one count of conspiracy to possess cocaine with intent to distribute and two substantive counts in violation of 21 U.S.C. §§ 846, 841(a)(1) and 18 U.S.C. § 2. Robert Brunk was convicted on the conspiracy count and one substantive count while George Edward Killian was convicted on all three counts. The two appellants now raise a number of issues on appeal.

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