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UNITED STATES v. DAVID

No. 85-8956 Non-Argument Calendar.

803 F.2d 1567 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Lowden DAVID, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 13, 1986.

Attorney(s) appearing for the Case

Ray H. Ledford (Court-appointed), Atlanta, Ga., for defendant-appellant.

H. Allen Moye, Drug Task Force, Atlanta, Ga., for plaintiff-appellee.

Before RONEY, Chief Judge, HATCHETT, Circuit Judge, and HENDERSON, Senior Circuit Judge.

HATCHETT, Circuit Judge:

A grand jury indicted appellant, Lowden David, for violations of 21 U.S.C. § 846 (conspiracy to possess cocaine with intent to distribute it in violation of 21 U.S.C. § 841(a)(1)) and 18 U.S.C. § 1952(a)(3) (use of the United States mails in aid of racketeering). A jury convicted him of violating 21 U.S.C. § 846, but acquitted him of violating 18 U.S.C. § 1952(a)(3). He raises two issues on appeal. We vacate the judgment...

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