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U.S. v. HERRING

No. 90-7039.

955 F.2d 703 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Bobby Hugh HERRING, Geraldine, Sims Holley, a/k/a Tokie Holley, Elmer Frank Taylor, Thomas Jan Wilkerson, a/k/a Tommy Wilkerson, Charles Anthony Hatley, a/k/a Tony Hatley, a/k/a Rat, Lamont Lawrence Meyers, James Michael Igo, a/k/a Mike Igo, Robert Joseph Carter, a/k/a Buddy Carter, Leon Robert Morrison, a/k/a Bobby Morrison, Jack Warren Ruff, a/k/a Whitey, Robert Alex Hooks, a/k/a Bob Hooks, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 11, 1992.

Attorney(s) appearing for the Case

James W. May, Gulf Shores, Ala., for Herring.

James E. Atchison, Hess, Atchison & Horne, William B. Jackson, II, Mobile, Ala., for Holley.

Gregory M. Friedlander, Mobile, Ala., for Wilkerson.

Edward R. Tibbets, Mobile, Ala., for Meyers.

Reggie Stephens, Mobile, Ala., for Igo.

W.A. Kimbrough, Jr., Turner, Onderdonk & Kimbrough, PA, Mobile, Ala., for Carter.

Delano J. Palughi, Mobile, Ala., for Morrison.

Paul D. Brown, Mobile, Ala., for Hooks.

Judy A. Newcombe, Spanish Fort, Ala., for Hatley.

James Byrd, Mobile, Ala., for Taylor.

Thomas Jeffery Glidewell, Glidewell and Associates, Mobile, Ala., for Ruff.

J.B. Sessions, III, U.S. Atty., Donna E. Barrow, Asst. U.S. Atty., Mobile, Ala., for U.S.

Before FAY and HATCHETT, Circuit Judges, and GIBSON, Senior Circuit Judge.

HATCHETT, Circuit Judge:

After reviewing this criminal case in which the issues were hotly contested, we affirm the convictions and the sentences because the district court did not err in its rulings, and the prosecutor's activities did not constitute misconduct requiring a new trial.

I. FACTS

On December 20, 1987, FBI agents executed sixteen search warrants in the Mobile, Alabama, and Pascagoula, Mississippi areas at the residences of Charles Hatley...

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