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BERARD v. UNITED STATES

No. 75-1356.

525 F.2d 319 (1975)

Russell John BERARD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1975.

Certiorari Denied April 5, 1976.

Attorney(s) appearing for the Case

Thomas P. Hyland, Des Moines, Iowa, for appellant.

George H. Perry, Asst. U. S. Atty., Des Moines, Iowa, for appellee.

Before BRIGHT and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Certiorari Denied April 5, 1976. See 96 S.Ct. 1511.

BRIGHT, Circuit Judge.

Appellant-Russell John Berard appeals from his conviction in a nonjury trial for possession with intent to distribute marijuana, a non-narcotic controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) (1970), and for conspiracy to distribute this controlled substance in violation of 21 U.S.C. § 846 (1970...

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