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UNITED STATES v. STANLEY

No. 84-1542.

765 F.2d 1224 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Kim Allen STANLEY, John R. Spiczak, Evan N. Leake, Edward Lee Shorr, Russell Greenway, Stanley Dimich, and Clement James DeMatto, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 23, 1985.

Attorney(s) appearing for the Case

Steven W. Ludwick, Atlanta, Ga., for Spiczak.

Robert H. Citronberg, Atlanta, Ga., for Shorr.

Thomas D. Glenn, Dallas, Tex., for Kim Stanley.

N.C. Deday LaRene, Deborah Paquette, Detroit, Mich., for Greenway and Dimich.

Gary A. Udashen, Dallas, Tex., for Leake and Dematto.

James A. Rolfe, U.S. Atty., Searcy L. Simpson, Jr., Asst. U.S. Atty., Dallas, Tex., for U.S.

Before REAVLEY, JOHNSON, and HIGGINBOTHAM, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 23, 1985.

JOHNSON, Circuit Judge:

Kim Allen Stanley, Clement DeMatto, Russell Greenway, Stanley Dimich, Edward Shorr, John Spiczak, Evan Leake and Joel Hamm were charged in a twelve-count federal grand jury indictment with conspiracy to possess with intent to distribute marijuana (Count 1), carrying on a continuing criminal enterprise (Count 2), possession with intent to distribute marijuana (Count 3), interstate...

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