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U.S. v. MABRY

Nos. 90-5490, 90-5685.

953 F.2d 127 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Charles Billy MABRY, a/k/a Maze, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Betty Jean MURPHY, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided December 24, 1991.

As Amended January 7, 1992.

Attorney(s) appearing for the Case

David Ferris Tamer, Law Offices of David F. Tamer, Winston-Salem, N.C., for defendant-appellant Mabry.

Charles LeRoy White, II, Greensboro, N.C., for defendant-appellant Murphy.

Paul Alexander Weinman, Asst. U.S. Atty., Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., Greensboro, N.C., on the brief), for plaintiff-appellee.

Before MURNAGHAN, Circuit Judge, HERLONG, District Judge for the District of South Carolina, sitting by designation, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

On December 26, 1989, a Grand Jury returned an indictment against defendants Charles Billy Mabry and Betty Jean Murphy, as well as against four named codefendants. Count One of the indictment charged all of the defendants with conspiracy to distribute cocaine hydrochloride and cocaine base ("crack") in violation of 21 U.S.C. § 841(a)(1) (1981). The indictment also charged Murphy...

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