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U.S. v. CURRY

No. 89-7028.

902 F.2d 912 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Herman Lee CURRY, Haskell Watson, Jr., Jeffrey Lynn Howard, Ronald Jerome Hayes, Adam Butler, II, a/k/a Moo Moo, Sam Hayes, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 5, 1990.

Attorney(s) appearing for the Case

Joel F. Alexander, III, Birmingham, Ala., for Haskell Watson, Jr.

Connie W. Parson, Birmingham, Ala., James R. Willis, Cleveland, Ohio, for Ronald Hayes and Adam Butler.

J. Harry Blalock, Birmingham, Ala. (court-appointed), for Sam Hayes.

Tommy Nail, Birmingham, Ala. (court-appointed), for Jeffrey Lynn Howard.

Roger C. Appell, Birmingham, Ala., for Herman Lee Curry.

Frank W. Donaldson, U.S. Atty., John C. Earnest, Asst. U.S. Atty., Birmingham, Ala., for plaintiff-appellee.

Before JOHNSON and ANDERSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.

ANDERSON, Circuit Judge:

This case arises out of a multi-defendant, multi-count trial. In addition to the appellants, the indictment charged Harold Singleton and "Jay." Singleton made a deal with the prosecution and testified at trial. Gerald Daniels (who the prosecution claimed was "Jay") was a co-defendant at trial. A mistrial was declared as to Daniels, and the district judge granted Daniels a judgment of acquittal because...

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