UNITED STATES v. SMALLEY

No. 83-7518.

754 F.2d 944 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Rex Elmo SMALLEY, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

Rehearing and Rehearing Denied April 24, 1985.


Attorney(s) appearing for the Case

William J. Baxley, Charles A. Dauphin, Birmingham, Ala., for defendant-appellant.

Frank W. Donaldson, U.S. Atty., Michael V. Rasmussen, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before RONEY and ANDERSON, Circuit Judges, and MORGAN, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied April 24, 1985.

LEWIS R. MORGAN, Senior Circuit Judge:

Rex Elmo Smalley has been sheriff of Marshall County, Alabama, since 1974. The sale of alcoholic beverages is illegal in Marshall County,1 but various bootlegging operations have flourished there under the patronage and protection of Sheriff Smalley. During his tenure he has extorted pay-offs...

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