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UNITED STATES v. SMITH

No. 85-2734.

806 F.2d 971 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Ervin SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 3, 1986.

Attorney(s) appearing for the Case

David J. Richman, Coghill & Goodspeed, Denver, Colo. (John M. Richilano, with him on brief), for defendant-appellant.

Steve Korotash, Asst. U.S. Atty., Oklahoma City, Okl. (William S. Price, U.S. Atty., and Ted A. Richardson, Asst. U.S. Atty., Oklahoma City, Okl., on brief), for plaintiff-appellee.

Before McKAY and MOORE, Circuit Judges, and BROWN, Senior District Judge.

WESLEY E. BROWN, Senior District Judge.

Count I of the indictment in this criminal action charged that from September, 1982, to December 6, 1984, at Oklahoma City, Chicago, Corpus Christi and other locations, the defendant-appellant, Donald Ervin Smith, and his co-defendants Ernest Burton, a/k/a Tom Burton, and William A. Vandiver, of Chicago, Illinois, conspired together, and with Paul Duane Cawthon, George Wesley Cawthon, Robert Dean Phillips, John Randall Lecas...

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