United States v. Whitley

KEITH, Circuit Judge.

The appellants, James A. Whitley, Joseph L. Hucks, James P. Wagers, Matthew Foley and Douglas Harrison, were indicted by a grand jury on December 14, 1982 on two counts. Count I charged that the appellants knowingly and wilfully agreed, confederated and conspired with one another, and others unknown to the Grand Jury, to commit offenses against the United States in violation of 21 U.S.C. § 841(a)(1),1 and knowingly and intentionally distributed, and possessed with intent to distribute cocaine, in violation of 21 U.S.C. § 8462. *1132Count II charged that appellants, aided and…