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UNITED STATES v. JENKINS

Nos. 84-8671, 84-8809.

779 F.2d 606 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Rubiett JENKINS, Louis Quarterman, and Virginia Ellis Prather, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Wendell McTEER, Sr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 10, 1986.

Attorney(s) appearing for the Case

Bruce S. Harvey, Atlanta, Ga. (Court-appointed), for Quarterman.

Glenn Zell, Atlanta, Ga., for Prather.

Frank L. Derrickson, Atlanta, Ga., for Jenkins.

Janet F. King, Robyn C. Mitchell, Asst. U.S. Attys., Atlanta, Ga., for plaintiff-appellee U.S.

Joe M. Harris, Atlanta, Ga. (Court-appointed), for McTeer.

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

MORGAN, Senior Circuit Judge:

The four appellants in this case appeal their respective convictions on one count each of conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. § 846. They challenge numerous aspects of the proceedings below, asserting, inter alia, insufficiency of the evidence to support their convictions, and a fatal variance between the conspiracy charged in the indictment and the conspiracy proved at trial....

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