UNITED STATES v. FOUNTAIN

No. 83-2110.

776 F.2d 878 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Tommy Charles FOUNTAIN, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 30, 1985.


Attorney(s) appearing for the Case

Allan DeVore of Evans & DeVore, Oklahoma City, Okl., for defendant-appellant.

James F. Robinson, Asst. U.S. Atty. (William S. Price, U.S. Atty., with him on brief), Oklahoma City, Okl., for plaintiff-appellee.

Before SETH, BARRETT, and SEYMOUR, Circuit Judges.


BARRETT, Circuit Judge.

Tommy Lee Fountain (Fountain), appeals his conviction following trial to the court based on stipulated facts and documents, of knowing, intentional and unlawful conspiracy with some six named co-conspirators and others unknown, to distribute and for distributing tablets of Dilaudid, a Schedule II narcotic controlled substance, in violation of 21 U.S.C. § 841(a)(1). The crux of the charge was that commencing November 13, 1978, and continuing...

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