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UNITED STATES v. HART

No. 75-2685 Summary Calendar.

526 F.2d 344 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Willie Frank HART, a/k/a "Miami", and Jerry Hammond, a/k/a "Tadpole", Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 22, 1976.

Attorney(s) appearing for the Case

G. M. Harrison, Jr., Dothan, Ala. (Court-appointed), for Hart.

Douglas M. Bates, Dothan, Ala. (Court-appointed), for Hammond.

Ira DeMent, U.S. Atty., D. Broward Segrest, J. Jerry Wood, Robt. C. Watson, Asst. U.S. Attys., Montgomery, Ala., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD and GEE, Circuit Judges.

PER CURIAM:

Appellants were convicted by a jury of distribution of cocaine, 21 U.S.C. § 841(a)(1).

Hart complains of alleged errors at the preliminary hearing conducted by a magistrate. Consistent with the spirit of F.R.Cr.P. 5.1 and under our decision in Harris v. U. S., 458 F.2d 670, cert. denied, sub nom., Scott et al. v. U. S., 409 U.S. 888, 93 S.Ct. 195, 34 L.Ed.2d 145 (1972), the magistrate was not...

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