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UNITED STATES v. WHITLEY

Nos. 83-5428, 83-5438, 83-5439, 83-5440 and 83-5456.

734 F.2d 1129 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. James A. WHITLEY (83-5428), James P. Wagers (83-5438), Matthew Foley (83-5439), William Shelton a/k/a Douglas Harrison (83-5440), Joseph L. Hucks (83-5456), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided May 2, 1984.

Attorney(s) appearing for the Case

Richard Hay, Somerset, Ky. (court-appointed), for Whitley.

David O. Smith, Corbin, Ky. (court-appointed), for Wagers.

Gary Crabtree, London, Ky., for Foley.

Warren N. Scoville (argued), Lewis, Scoville, Scoville & Stansbury, London, Ky., for Shelton.

Brian C. House, London, Ky. (court-appointed), for Hucks.

Louis DeFalaise, U.S. Atty., James Zerhusen, Asst. U.S. Atty. (argued), Lexington, Ky., for plaintiff-appellee.

Before KEITH, MERRITT and WELLFORD, Circuit Judges.

KEITH, Circuit Judge.

The appellants, James A. Whitley, Joseph L. Hucks, James P. Wagers, Matthew Foley and Douglas Harrison, were indicted by a grand jury on December 14, 1982 on two counts. Count I charged that the appellants knowingly and wilfully agreed, confederated and conspired with one another, and others unknown to the Grand Jury, to commit offenses against the United States in violation of 21 U.S.C. § 841(a)(1),1 and knowingly...

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