UNITED STATES v. HARPER

Nos. 79-5016 to 79-5020.

617 F.2d 35 (1980)

UNITED STATES of America, Appellee, v. Donald Winston HARPER, John White, a/k/a Leroy J. Edwards, a/k/a Roy Edwards, Neil Wilson Rowe, Appellants. UNITED STATES of America, Appellee, v. James Merrill BURDINE, Appellant. UNITED STATES of America, Appellee, v. David Ray JENKINS and David Ramond Govus, a/k/a Sam, a/k/a Melvin Hawkins, Appellants. UNITED STATES of America, Appellee, v. Donald Alfred BLACK, Gary Regan Talbert and Robert McNeill Herring, Appellants. UNITED STATES of America, Appellee, v. Richard Lewis JACKSON and Michael Benjamin Forbes, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1980.


Attorney(s) appearing for the Case

Barry Nakell, Chapel Hill, N. C., for appellants in 79-5016 through 79-5020; Reber Boult, Atlanta, Ga., for appellant Herring (Steven A. Bernholz, Chapel Hill, N. C., on brief for appellants Black and Talbert; Robert Fierer, Atlanta, Ga., on brief for appellant Burdine; James K. Jenkins, Atlanta, Ga., on brief for appellants Harper and Rowe; Norman B. Kellum, Jr., and David P. Voerman, New Bern, N. C., on brief for appellants Jackson and Forbes; Edwin Marger, Atlanta, Ga., on brief for appellant Govus; Bruce H. Morris, Atlanta, Ga., on brief for appellant White; John W. Stokes, Atlanta, Ga., on brief for appellant Jenkins).

Herman E. Gaskins, Jr., Spec. Asst. U. S. Atty., Raleigh, N. C. (George M. Anderson, U. S. Atty., Raleigh, N. C., on brief), for appellee U. S. in 79-5016 through 79-5020.

Before BUTZNER, HALL and PHILLIPS, Circuit Judges.


K. K. HALL, Circuit Judge:

Appellants appeal their conviction for conspiracy to import marihuana in violation of 21 U.S.C. §§ 952(a), 960(a)(1) and 963. Each appellant was arrested at or near the scene of a Drug Enforcement Administration raid in an isolated area of North Carolina where 25 tons, some 400 bales, of South American marihuana were being unloaded from a shrimping trawler. The vessel had been intercepted...

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