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UNITED STATES v. COOK

No. 85-1621 Summary Calendar.

783 F.2d 1207 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. William George COOK, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 27, 1986.

Attorney(s) appearing for the Case

Max Blankenship, William W. Chambers, Fort Worth, Tex., for defendant-appellant.

Marvin Collins, U.S. Atty., Terence J. Hart, J. Michael Worley, Asst. U.S. Attys., Ft. Worth, Tex., for plaintiff-appellee.

Before RUBIN, JOHNSON and JONES, Circuit Judges.

EDITH HOLLAN JONES, Circuit Judge.

William George Cook was charged with conspiring along with David Andrew Cook and "others to the Grand Jury unknown" to manufacture phenylacetone, a Schedule II controlled substance, under 21 U.S.C. § 846. He appeals the conviction based on insufficiency of the evidence and erroneous admission of two items of evidence. We are constrained to agree with defendant's position on the first issue, and therefore REVERSE.

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