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UNITED STATES v. MULHERIN

No. 81-8025.

710 F.2d 731 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony T. MULHERIN, Jr., Harvey E. Hornsby, Robert A. Holliday, Henry Mulherin, Elizabeth Moore, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing and Rehearing November 21, 1983.

Attorney(s) appearing for the Case

R. Jackson B. Smith, Jr., Augusta, Ga., for Anthony T. Mulherin, Jr.

Thomas W. Tucker, Dye, Miller, Tucker & Everitt, Augusta, Ga. (court-appointed), for Harvey E. Hornsby.

John B. Long, Nixon, Yow, Waller & Capers, Augusta, Ga. (court-appointed), for Robert A. Holliday.

G. Hughel Harrison, Samuel H. Harrison, Lawrenceville, Ga., for Henry Mulherin.

Percy J. Blount, Augusta, Ga., for Elizabeth Moore.

Bernard S. McLendon, Curtis Fallgatter, Asst. U.S. Attys., Jacksonville, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, KRAVITCH, Circuit Judge, and MORGAN, Senior Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc November 21, 1983.

GODBOLD, Chief Judge:

Appellant Henry Mulherin was convicted of conspiracy to violate provisions of the National Firearms Act, 26 U.S.C. Sec. 5801 et seq.1 Appellant Elizabeth Moore was convicted of conspiracy to distribute and to possess with intent to distribute cocaine and marijuana in violation of 21...

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