UNITED STATES v. LOPEZ

No. 76-1831.

576 F.2d 840 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Paldo LOPEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided May 11, 1978.


Attorney(s) appearing for the Case

Vernon Lewis, Asst. U. S. Atty., Kansas City, Kan. (E. Edward Johnson, U. S. Atty., and Richard L. Hathaway, Asst. U. S. Atty., Kansas City, Kan., on brief), for plaintiff-appellee.

Ernest C. Ballweg, Prairie Village, Kan., for defendant-appellant.

Before SETH, Chief Judge, and DOYLE and McKAY, Circuit Judges.


McKAY, Circuit Judge.

Defendant Lopez appeals from a jury conviction of conspiracy to dispense eight ounces of heroin in violation of 21 U.S.C. §§ 841(a)(1), 846 (1970). He claims that the court erred in denying his motion for judgment of acquittal at the close of the government's case, that the jury verdict was contrary to the weight of the evidence, and that a single remark of a government witness was so prejudicial as to deny him a fair trial.

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