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UNITED STATES v. McCRARY

No. 82-7100 Non-Argument Calendar.

699 F.2d 1308 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Ray McCRARY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 18, 1983.

Attorney(s) appearing for the Case

J. Stephen Salter, Birmingham, Ala. (Court-appointed), for defendant-appellant.

Frank W. Donaldson, U.S. Atty., Bill L. Barnett, Jack W. Selden, Asst. U.S. Attys., Birmingham, Ala., for plaintiff-appellee.

Before GODBOLD, Chief Judge, FAY and CLARK, Circuit Judges.

FAY, Circuit Judge:

Billy Ray McCrary appeals his conviction by a jury of the following offenses: bribing a public official in violation of 18 U.S.C. Section 201(b)(3); aiding and abetting the introduction of contraband into a Federal Correctional Institute in violation of 18 U.S.C. Section 1791, and aiding and abetting the unlawful distribution of a Schedule II controlled substance in violation of 21 U.S.C. Section 841(a)(1). Mr. McCrary argues that a variance existed...

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