Nos. 89-1863, 89-1864.

896 F.2d 1087 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Robert PENSON and Harley G. Surratt, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 2, 1990.

Attorney(s) appearing for the Case

Michael C. Carr, Asst. U.S. Atty., Benton, Ill., for plaintiff-appellee.

Richard S. Emerson, Jr., Childs, Emerson, Rundlett, Fifield & Childs, Portland, Me., for defendant-appellant Robert Penson.

John R. Howes, Fort Lauderdale, Fla., for defendant-appellant Harley Surratt.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and WILL, Senior District Judge.

CUMMINGS, Circuit Judge.

On March 31, 1988, Harley Surratt and Robert Penson were indicted with five others on one count of conspiracy to distribute 1,000 pounds of marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. Three of the five others pleaded guilty and received prison sentences ranging from four to twelve years. The other two were still at large when Surratt and Penson were arraigned and pleaded not guilty.

Penson and Surratt were tried...

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