Legal Opinion

United States v. Capo

Court of Appeals for the Fifth Circuit

Decided May 24, 1979No. Nos. 78-5244, 78-5279PublishedCited by 47 opinions

1Opinion of the Court

GEWIN, Circuit Judge:

David Capo and brothers David Lukefahr, Stephen Lukefahr and Thomas Lukefahr were tried with four other defendants by a jury on one count of conspiracy to possess marijuana and one count of possession of marijuana in violation of 21 U.S.C. § 846 and 21 U.S.C. § 841(a)(1). The jury convicted appellants but their four codefendants were acquitted. Capo was sentenced to 4 years imprisonment, 2 years parole and a $10,000 fine on the conspiracy count and 3 years imprisonment for possession, the sentences to be served consecutively. The Lukefahrs each received consecutive 5 year…

2Cases cited15 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Irvin v. DowdSupreme Court of the United States · 1961
  3. Sheppard v. MaxwellSupreme Court of the United States · 1966
  4. Estes v. TexasSupreme Court of the United States · 1965
  5. Murphy v. FloridaSupreme Court of the United States · 1975

10 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. United States v. Augustin Alvarez, Oscar Hernandez, Mario C. Simon, Rolando Rios, Ramon Raymond, Eduardo Portal, Victoriano Concepcion, A/K/A "Macho"Court of Appeals for the Eleventh Circuit · 1985
  3. United States v. BermeaCourt of Appeals for the Fifth Circuit · 1994
  4. Wayne Carl Coleman v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1986
  5. Robert Alton Harris v. R. Pulley, Warden of the California State Prison at San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1989

42 more not listed; retrieve them via the Exa API.

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