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U.S. v. RODGERS

No. 90-7140.

951 F.2d 1220 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. George RODGERS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 28, 1992.

Attorney(s) appearing for the Case

T. Jefferson Deen, III, Clark, Deen & Copeland, P.C., Mobile, Ala., for defendant-appellant.

Charles A. Kandt, Richard H. Loftin, George A. Martin, Asst. U.S. Attys., Mobile, Ala., for plaintiff-appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.

EDMONDSON, Circuit Judge:

Appellant, George Rodgers, and five others were charged in a multi-count indictment. At trial, the jury was unable to reach a unanimous verdict as to appellant, and a mistrial was declared. A superseding indictment was then returned, which charged appellant in five counts. Count Four alleged conspiracy to distribute and possess with intent to distribute 11.11 grams of cocaine, in violation of Title 21 U.S.C. Section 841(a)(1). Counts Five...

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