U.S. v. RUTHERFORD

No. 86-1922.

824 F.2d 831 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. James Richard RUTHERFORD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 29, 1987.


Attorney(s) appearing for the Case

John S. Morgan, Asst. U.S. Atty. (Layn R. Phillips, U.S. Atty., with him on the brief), Tulsa, Okl., for plaintiff-appellee.

Frank A. Zeigler of Martin, Turner & Zeigler, Tulsa, Okl., for defendant-appellant.

Before BALDOCK, McWILLIAMS, and BARRETT, Circuit Judges.


McWILLIAMS, Circuit Judge.

James Richard Rutherford, the appellant, and one Nicholas L. Spatafora, who is not an appellant, were jointly charged in the first count of a three-count indictment with conspiring to commit offenses against the United States in violation of 21 U.S.C. § 846. In count two, Rutherford and Spatafora were jointly charged with the possession on November 7, 1985, of three pounds of marijuana with an intent to distribute, in violation of 21...

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