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  5. 881 F.2d 1313 (1989)
 

U.S. v. LINDELL

Nos. 87-2930, 87-6004, 87-6134 and 87-6148.

881 F.2d 1313 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Keith LINDELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Charles Roy McINTOSH, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. William E. KINNEAR, II, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Danny M. LOKEN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 20, 1989.

Attorney(s) appearing for the Case

Richard V. Dymond, Gulfport, Miss., for Earl Lindell.

Paul E. Naman, L. Stuart Platt, Asst. U.S. Attys., Bob Wortham, U.S. Atty., Beaumont, Tex., for the U.S.

Michael L. Baker, Strong, Pipkin, Nelson & Bissell, Beaumont, Tex. (court-appointed), for Charles McIntosh.

Ernest L. Sample, Beaumont, Tex., for William Kinnear, II.

Before GOLDBERG, JOHNSON and DUHE, Circuit Judges.

DUHE, Circuit Judge:

FACTS AND PROCEDURAL HISTORY

Appellants Earl Keith Lindell, Danny M. Loken, William E. Kinnear, and Charles Roy McIntosh were charged with others in a 35-count indictment for various crimes stemming from a marijuana importation scheme involving several loads of marijuana brought into the United States from 1982 to 1985. In July 1982, Lindell was planning a "controlled" airplane flight bringing drugs into this country in support of an...

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