UNITED STATES v. AUSTIN

Nos. 85-1272, 85-1247 and 85-1271.

786 F.2d 986 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Olin AUSTIN, Charles Lynch Paterson, Larry Lee Bates, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 14, 1986.


Attorney(s) appearing for the Case

Shannon Robinson, Albuquerque, N.M., for defendant-appellant Larry Lee Bates.

James L. Brandenburg, Albuquerque, N.M., for defendant-appellant Olin Austin.

David J. Richman (H. Thomas Coghill, with him on brief), of Coghill & Goodspeed, P.C., Denver, Colo., for defendant-appellant Charles Lynch Paterson.

David N. Williams, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., with him on brief), Albuquerque, N.M., for plaintiff-appellee.

Before SEYMOUR, SETH and ANDERSON, Circuit Judges.


SEYMOUR, Circuit Judge.

These companion appeals arise out of an ill-fated plan to bring marijuana from Colombia into the United States. At the trial of these defendants, the Government contended that they were members of a conspiracy to distribute marijuana pursuant to which two plane loads of contraband were flown to New Mexico. The first load arrived in February 1983, and was successfully distributed. The second load, which arrived in March 1983, was tracked by...

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