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eBook details

• Title: United States v. Davis
• Author : Fifth Circuit United States Court Of Appeals
• Release Date : January 22, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Aubrey Baker Davis, Jr., Margaret Davis, their daughter Sandra Davis Yeagley and Franklin Daly Cochran were indicted in November 1979 in the Middle District of Georgia. Count I charged them with conspiracy to possess with intent to distribute and conspiracy to distribute methaqualone in violation of 21 U.S.C. ?? 841(a)(1) and 846. Count II charged Mr. Davis and Cochran with possession with intent to distribute methaqualone in violation of 21 U.S.C. ? 841(a)(1) and charged Mrs. Davis and Yeagley with aiding and abetting in violation of 18 U.S.C. ? 2. Count III charged Cochran with traveling in interstate commerce to carry on an unlawful business enterprise in violation of 18 U.S.C. ?? 1952(a) (3) and 1952(b)(1) and charged Mr. Davis, Mrs. Davis and Yeagley with aiding and abetting in violation of 18 U.S.C. ? 2. Yeagley was acquitted on all charges. Mrs. Davis was found guilty on Counts I and II and was sentenced to two concurrent five year terms, to be followed by a special parole term of ten years on Count II. The court required her to serve six months, suspended the balance, and placed her on probation for a period of five years. Mr. Davis and Cochran were found guilty on all three counts, and Mr. Davis was sentenced to three concurrent five year sentences, to be followed by a special parole term of ten years on Count II. The Davises appeal, asserting the following points of error: (1) the evidence was insufficient to establish venue in the Middle District of Georgia for the conspiracy count and the travel act count; (2) venue was not properly laid in the Middle District of Georgia for the possession count because the drugs never entered the Middle District of Georgia; (3) the evidence was insufficient to convict Mrs. Davis of conspiracy and possession; and (4) the evidence was insufficient to establish a business enterprise between Mr. Davis and Cochran within the meaning of 18 U.S.C. ? 1952(b)(1).

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