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UNITED STATES v. CARLSON

Nos. 76-1363, 76-1395.

547 F.2d 1346 (1976)

UNITED STATES of America, Appellee, v. Donald Laverne CARLSON, Appellant. UNITED STATES of America, Appellee, v. Gary Clarend HOFSTAD, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 17, 1976.

Rehearing Denied January 18, 1977.

Attorney(s) appearing for the Case

Neal J. Shapiro, Minneapolis, Minn., for appellant Carlson in No. 76-1363; Wesley Anderson, St. Paul, Minn., on brief.

Mark W. Peterson, St. Paul, Minn., made argument for appellant, Hofstad in No. 76-1395; Bailey W. Blethen, St. Paul, Minn., on brief.

Mel I. Dickstein, Asst. U. S. Atty., Minneapolis, Minn., for appellee United States; Robert G. Renner, U. S. Atty., Minneapolis, Minn., on brief.

Before GIBSON, Chief Judge, MARKEY and STEPHENSON, Circuit Judge.

Rehearing and Rehearing Denied January 18, 1977.

Rehearing and Rehearing En Banc Denied in No. 76-1363 January 18, 1977.

GIBSON, Chief Judge.

Defendants, Donald Carlson and Gary Hofstad, appeal their convictions on three counts of violating 21 U.S.C. § 841(a)(1) (1970). Carlson, Hofstad and their co-defendant, Wayne Dahl, were charged in a five-count indictment of participating in a cocaine distribution scheme. Count I of the indictment charged...

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