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U.S. v. CLARK

Nos. 90-5771 to 90-5773.

928 F.2d 639 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. James Thomas CLARK, a/k/a J.T., a/k/a Steady, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Juan Pablo MARTINEZ, a/k/a Paul Martinez, a/k/a Juan Paul Martinez, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jerry Winslow CLARK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Bradley E. Berrane, Grafton, Va., for defendant-appellant Jerry Clark.

Oscar H. Blayton, Hampton, Va., for defendant-appellant James Clark.

James S. Ellenson, Newport News, Va., for defendant-appellant Martinez.

Robert B. Wilson, V, Sp. Asst. U.S. Atty., Norfolk, Va., argued (Henry E. Hudson, U.S. Atty., Robert E. Bradenham, II, Robert J. Seidel, Jr., Asst. U.S. Attys., Norfolk, Va., on the brief), for plaintiff-appellee.

Before RUSSELL and PHILLIPS, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

TILLEY, District Judge:

After being found in constructive possession of a suitcase containing cocaine and heroin in the Norfolk (Virginia) International Airport on October 17, 1988, Jerry W. Clark was arrested, tried and convicted in the United States District Court for the Eastern District of Virginia on one count of possession of cocaine with the intent to distribute and one count of possession of heroin with the intent to distribute, in violation of 21 U.S.C. ...

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