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UNITED STATES v. FRASCONE

No. 83-1888.

747 F.2d 953 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. John FRASCONE and David Allen Burcky, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 16, 1984.

Attorney(s) appearing for the Case

Bruder & Cooper, Melvyn Carson Bruder, Dallas, Tex., for Frascone.

Russell W. Schell, Dallas, Tex. (court-appointed), for Burcky.

James A. Rolfe, U.S. Atty., Robert R. Smith, Jr., Asst. U.S. Atty., Dallas, Tex., for plaintiff-appellee.

Before GEE, POLITZ and HIGGINBOTHAM, Circuit Judges.

POLITZ, Circuit Judge:

David Allen Burcky was convicted by jury of conspiracy to distribute methamphetamine, 21 U.S.C. § 846, two substantive counts of distribution, 21 U.S.C. § 841(a)(1), and of illegal use of a telephone to facilitate the distribution, 21 U.S.C. § 843(b). John Frascone, jointly indicted, was convicted of conspiracy to distribute methamphetamine, two counts of aiding and abetting methamphetamine distribution, 18 U.S.C. § 2, and...

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