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UNITED STATES v. POOLE

Nos. 82-5105, 82-5107.

718 F.2d 671 (1983)

UNITED STATES of America, Appellee, v. Charles POOLE, Appellant. UNITED STATES of America, Appellee, v. Stephen Clayton UPCHURCH, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided October 11, 1983.

Rehearing and Rehearing Denied November 23, 1983.

Attorney(s) appearing for the Case

Michael J. Thompson, Columbia, S.C. (Thompson, Baity & Savitz, P.A., Columbia, S.C., Arthur G. Howe, Uricchio, Howe & Krell, P.A., Charleston, S.C., on brief), for appellant.

Eric William Ruschky, Asst. U.S. Atty., Columbia, S.C. (Henry Dargan McMaster, U.S. Atty., Columbia, S.C., on brief), for appellee.

Before HALL and PHILLIPS, Circuit Judges, and BULLOCK, District Judge.

Rehearing and Rehearing En Banc Denied November 23, 1983.

HALL, Circuit Judge:

Stephen Clayton Upchurch (Upchurch) and Charles Brian Poole (Poole) appeal from their convictions, following a bench trial, of conspiracy to distribute marijuana in violation of 21 U.S.C. § 846 and possession with intent to distribute marijuana and aiding and abetting in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1). Finding no error, we affirm.

I...

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