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U.S. v. LOVERN

Nos. 08-3141, 08-3149.

590 F.3d 1095 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry L. LOVERN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Robert J. Barron, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 9, 2009.

Attorney(s) appearing for the Case

Lee Thompson, Thompson Law Firm, LLC, Wichita, KS, for Defendant-Appellant Jerry L. Lovern.

Timothy J. Henry, Assistant Federal Public Defender, Wichita, KS, for Defendant-Appellant Robert J. Barron.

Mona Lee M. Furst, Assistant United States Attorney (Marietta Parker, Acting United States Attorney, with her on the briefs), for Plaintiff-Appellee United States in Case Nos. 08-3141, 08-3149.

Before TACHA, O'BRIEN, and GORSUCH, Circuit Judges.

GORSUCH, Circuit Judge.

The principal owner-operator of Red Mesa Pharmacy pled guilty to conspiracy to dispense drugs in violation of the Controlled Substances Act. Meanwhile, two of his employees went to trial on similar charges and now appeal their resulting convictions. The trial record tells very different stories about the two men and their roles in the pharmacy's operations. The first, Jerry Lovern, is a pharmacist with almost forty-five years' experience. The...

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