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UNITED STATES v. GRUBBS

Nos. 84-5230(L), 84-5236 and 84-5238.

773 F.2d 599 (1985)

UNITED STATES of America, Appellee, v. James William GRUBBS, Appellant. UNITED STATES of America, Appellee, v. Charles Shepard WITHEY, III, Appellant. UNITED STATES of America, Appellee, v. Norman Lee LOTTERER, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1985.

Attorney(s) appearing for the Case

J. Kevin Holmes, David Pearlman, Charleston, S.C., Michael Cox, Asst. Federal Public Defender, Columbia, S.C., David McCann, Charleston, S.C. (David A. Hoines, Fort Lauderdale, Fla., Steinberg, Levkoff, Spitz & Goldberg, Charleston, S.C., on brief), for appellant.

Dale L. DuTremble, Asst. U.S. Atty., Charleston, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appellee.

Before CHAPMAN and WILKINSON, Circuit Judges, and TURK, Chief United States District Judge for the Western District of Virginia, sitting by designation.

WILKINSON, Circuit Judge:

Appellants Norman Lee Lotterer, Charles Shepard Withey, III, and James William Grubbs were each convicted of four offenses following a jury trial: (1) conspiracy to import marijuana, in violation of 21 U.S.C. § 963; (2) conspiracy to possess with intent to distribute marijuana, in violation of 21 U.S.C. §§ 952(a), 960 and 18 U.S.C. § 2; and (4) possession with intent to distribute marijuana, in violation of 21 U.S.C. ...

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