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UNITED STATES v. PEPE

No. 73-1932.

501 F.2d 1142 (1974)

UNITED STATES of America, Appellee, v. Joe PEPE, Appellant.

United States Court of Appeals, Tenth Circuit.

August 20, 1974.

Attorney(s) appearing for the Case

Alan Y. Cole, Washington, D. C. (Isaac N. Groner, Washington, D. C., and Joseph Anderson, Lenexa, Kan., of counsel, with him on the Brief), for appellant.

Monti Belot, Asst. U. S. Atty. (Robert J. Roth, U. S. Atty., Glen S. Kelly and E. Edward Johnson, Asst. U. S. Attys., on the Brief), for appellee.

Before HILL, MOORE and SETH, Circuit Judges.

SETH, Circuit Judge.

The appellant, Joe Pepe, seeks reversal of his conviction by a jury on one count of conspiracy to possess heroin with the intent to distribute it, and one count of possession of heroin with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1). He asserts that the court in its instructions to the jury did not properly develop the meaning and effect of the reasonable doubt standard, and that the jury was thereby misled as to the...

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