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UNITED STATES v. NICHOLS

No. 83-3511.

741 F.2d 767 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Billy Joe NICHOLS, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 22, 1984.

Attorney(s) appearing for the Case

Orr & Davis, Stephen M. Orr, Austin, Tex., for defendant-appellant.

John P. Volz, U.S. Atty., Harry W. McSherry, Donald L. Foret, Warren L. Montgomery, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before GEE, POLITZ and RANDALL, Circuit Judges.

Rehearing and Rehearing En Banc Denied October 22, 1984.

POLITZ, Circuit Judge:

The appeal of Billie Joe Nichols poses two double jeopardy inquiries: (1) do prior convictions of conspiracy to import cocaine, 21 U.S.C. §§ 963, 952, and conspiracy to possess with intent to distribute cocaine, 21 U.S.C. §§ 846, 841(a)(1), based upon one shipment of cocaine, bar the pending prosecution for the substantive offenses of importing and possessing...

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