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UNITED STATES v. PENNETT

No. 73-1694.

496 F.2d 293 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Dennis PENNETT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 1, 1974.

Attorney(s) appearing for the Case

E. Edward Johnson, Asst. U. S. Atty., Topeka, Kan. (Robert J. Roth, U. S. Atty., and Monti L. Belot, Asst. U. S. Atty., Topeka, Kan., on the brief), for plaintiff-appellee.

Benjamin E. Franklin, Kansas City, Kan. (David R. Gilman, Overland Park, Kan., on the brief), for defendant-appellant.

Before LEWIS, PICKETT, and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Dennis Pennett appeals his jury conviction of conspiring to distribute cocaine in violation of 21 U.S.C.A. §§ 841(a) (1)1 and 846.2

Pennett was indicted with Hank Boyle. The indictment charged that they wilfully and knowingly did "combine, conspire, confederate and agree together, with each other", and with others to dispense a Schedule II narcotic controlled substance...

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