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U.S. v. ARRINGTON

Nos. 402, 403, 409 and 503, Dockets 88-1351, 88-1353, 88-1378 and 88-1394.

867 F.2d 122 (1989)

UNITED STATES of America, Appellee, v. Claddis ARRINGTON, Brooks Gregory Davis, Mary Ferguson Davis, and Wayne Davis, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 23, 1989.

Attorney(s) appearing for the Case

Richard B. Lind, New York City, for defendant-appellant Arrington.

Victor Rocco, New York City (James A. Altman, Julie A. Prag, Botein, Hays & Sklar, New York City, of counsel), for defendants-appellants Brooks Davis and Mary Davis.

Richard Ware Levitt, New York City, for defendant-appellant Wayne Davis.

Daniel C. Richman, Asst. U.S. Atty. for S.D. New York, New York City (Rudolph Giuliani, U.S. Atty. for S.D. New York, Celia Goldwag Barenholtz, Asst. U.S. Atty. for S.D. New York, New York City, of counsel), for appellee.

David B. Smith, Alexandria, Va. (English & Smith, Alexandria, Va., of counsel), for amicus curiae National Ass'n of Criminal Defense Lawyers.

Before LUMBARD, VAN GRAAFEILAND, and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Defendants-appellants Claddis Arrington, Brooks Gregory Davis, Mary Ferguson Davis, and Wayne Davis appeal from an order entered in the United States District Court for the Southern District of New York (Griesa, J.), which denied their motions under Fed.R.Crim.P. 12(b)(1) to dismiss criminal charges against them. Defendants were charged with various offenses arising from participation in a conspiracy to distribute narcotics. Soon after the...

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