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U.S. v. SMITH

Nos. 95-1146, 95-1854, 95-1891 and 95-4017.

80 F.3d 215 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Larry W. SMITH, James M. Shepherd, Ernesto M. Sanchez, and Benjamin R. Shepherd III, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 2, 1996.

Attorney(s) appearing for the Case

Ralph M. Friederich (argued), Office of U.S. Atty., Criminal Div., Fairview Heights, IL, for U.S.

Renee E. Schooley (argued), Office of Public Defender, East St. Louis, IL, for Larry W. Smith.

Eric W. Butts, St. Louis, MO, David M. Fahrenkamp (argued), Edwardsville, IL, for James M. Shepherd.

David M. Fahrenkamp (argued), Edwardsville, IL, for Ernesto M. Sanchez.

Christopher S. Swiecicki (argued), St. Louis, MO, for Benjamin R. Shepherd.

Before ESCHBACH, KANNE and EVANS, Circuit Judges.

ESCHBACH, Circuit Judge.

On March 24, 1994, the grand jury returned a three-count indictment naming Larry Smith, James Shepherd, Ernesto Sanchez, and Benjamin Shepherd in each count. The indictment charged the defendants with conspiracy to possess with the intent to distribute marijuana, in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2, possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and...

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