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UNITED STATES v. AVERY

No. 84-3084.

760 F.2d 1219 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Arthur B. AVERY, Sr., Alisa D. Avery, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 21, 1985.

Attorney(s) appearing for the Case

Stuart C. Markman, Tampa, Fla., for A.B. Avery.

Claude H. Tison, Jr., Tampa, Fla., for A.D. Avery.

Lee Atkinson, Asst. U.S. Atty., Tampa, Fla., Janis Kockritz, U.S. Dept. of Justice, Washington, D.C., for United States.

Before RONEY and CLARK, Circuit Judges, and SIMPSON, Senior Circuit Judge.

CLARK, Circuit Judge:

Arthur B. Avery, Sr. and Alisa D. Avery were convicted on four counts for violating the federal narcotics laws.1 Arthur B. Avery, Sr. was acquitted on one count of perjury before the grand jury.2 In this appeal the appellants raised the following issues: (1) whether the indictment against the appellants properly joined the four drug related counts with the perjury count against appellant...

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