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UNITED STATES v. GOLDSTEIN

No. 79-5531.

635 F.2d 356 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Bennett GOLDSTEIN and James Edward Kern, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied February 25, 1981.

Attorney(s) appearing for the Case

Larry G. Turner, Gainesville, Fla., for James Edward Kern.

John Zwerling, Jonathan Shapiro, Alexandria, Va., for Bennett Goldstein.

Kendell W. Wherry, Asst. U.S. Atty., Orlando, Fla., for plaintiff-appellee.

Before KRAVITCH and FRANK M. JOHNSON, Jr., Circuit Judges, and ALLGOOD, District Judge.

Rehearing and Rehearing En Banc Denied February 25, 1981.

FRANK M. JOHNSON, Jr., Circuit Judge:

James E. Kern and Bennett Goldstein appeal their convictions for possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (1976). Appellants seek reversal of the district court on the grounds that the court erred by denying their pre-trial motion to suppress certain evidence and by denying their timely motions...

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