United States v. Floyd F. Capo, Amos Lisenby, Cody Lisenby, Tim Williams, John Booker

All appellants were convicted of conspiracy to possess marijuana with intent to distribute and possession of marijuana with intent to distribute in violation of 21 U.S.C. §§ 846 and 841(a)(1). The convictions of all appellants are affirmed.

All judges concur in Parts I-V of the opinion of the court written by Chief Judge Godbold. Judge Hill concurs in Part VI, written by Judge Fay. Chief Judge God-bold dissents from Part VI, insofar as it concerns Amos Lisenby; he has filed a dissenting opinion thereto, and would reverse the conviction of Amos Lisenby.

GODBOLD, Chief Judge:

I. The facts

Government…