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UNITED STATES v. BYRD

Nos. 84-5754, 85-5375.

804 F.2d 1204 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmie BYRD, Richard Collins, and Thomas Lavoy Wells, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Jimmie Lee BYRD, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 24, 1986.

Attorney(s) appearing for the Case

Alexander Martone, Miami, Fla., for Byrd.

Alan E. Weinstein, Miami Beach, Fla., for Thomas Wells.

Samuel I. Burstyn, Miami, Fla., for Collins.

Leon Kellner, U.S. Atty., William Norris, Linda Collins-Hertz, David O. Leiwant and Sonia Escobio O'Donnell, Asst. U.S. Attys., Miami, Fla., for United States.

Before VANCE and ANDERSON, Circuit Judges, and PITTMAN, Senior District Judge.

PITTMAN, Senior District Judge:

INTRODUCTION

These appeals arise out of two indictments brought against Jimmie Lee Byrd, Thomas Wells, Richard Collins, and several others which allege various violations of Titles 18 and 21, United States Code.

In No. 85-5375, the grand jury returned an indictment charging Byrd and another, who did not appeal, with violations of 21 U.S.C. §§ 846, 963, and 843(b). Byrd moved to dismiss this indictment on...

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