UNITED STATES v. NIVER

No. 81-1429.

689 F.2d 520 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. John Martin NIVER, Wayelon Howard Penland and Stanley Charles McCune, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 5, 1982.


Attorney(s) appearing for the Case

William M. Ravkind, Dallas, Tex., for Niver.

Edward A. Mallett, Joseph Gary Trichter, Houston, Tex., for Penland.

Gerald H. Goldstein, San Antonio, Tex., for McCune.

Jimmy L. Tallant, Asst. U. S. Atty., Ft. Worth, Tex., for United States.

Before CLARK, Chief Judge, POLITZ and RANDALL, Circuit Judges.


RANDALL, Circuit Judge:

Defendants, Stanley R. McCune, Wayelon Howard Penland and John Martin Niver, were charged in a four count indictment with (1) conspiracy to possess marijuana with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846; (2) unlawful importation of marijuana in violation of 21 U.S.C. §§ 952(a), 960, and 18 U.S.C. § 2; (3) possession of marijuana...

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