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UNITED STATES v. RUSSELL

No. 82-5086.

703 F.2d 1243 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Frank RUSSELL, Eugene Van Aernam, John L. Dixon and Jack Murphy, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied June 9, 1983.

Attorney(s) appearing for the Case

Stephen A. Kermish, Atlanta, Ga., for Van Aernam.

Larry G. Turner, Gainesville, Fla., Robert S. Griscti, Tampa, Fla., for Dixon & Murphy.

H.S. Henderson, III, Mitchell & Henderson, Joe M. Mitchell, Jr., Melbourne, Fla., for Frank Russell.

David L. McGee, Asst. U.S. Atty., Pensacola, Fla., for plaintiff-appellee.

Before RONEY and HILL, Circuit Judges, and MORGAN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied June 9, 1983.

JAMES C. HILL, Circuit Judge:

Each of the four defendants in this action was charged with two counts of criminal conduct; (1) conspiracy to possess approximately 25,000 pounds of marijuana with the intent to distribute and (2) conspiracy to import that controlled substance into the United States. The government employed Jesus Perez, an experienced drug smuggler, to pose as a smuggler seeking local officials...

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