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UNITED STATES v. HOLDER

No. 77-1224.

560 F.2d 953 (1977)

UNITED STATES of America, Appellee, v. Frank HOLDER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 23, 1977.

Attorney(s) appearing for the Case

John R. Wylde, Jr., St. Paul, Minn., for appellant; and John Holahan, Jr., Minneapolis, Minn., on brief.

Ann D. Montgomery, Asst. U. S. Atty., Dist. of Minn., Minneapolis, Minn., for appellee; Robert G. Renner, U. S. Atty., on brief.

Before VAN OOSTERHOUT, Senior Circuit Judge, and HEANEY and WEBSTER, Circuit Judges.

HEANEY, Circuit Judge.

Frank Holder was charged under a three-count indictment with intentionally distributing and with aiding and abetting the distribution of heroin. Count I charged Holder with the distribution of 2.64 grams of heroin on March 10, 1976. Count II charged Holder and Vernon Johnson with distributing 2.5 grams of heroin on November 17, 1976. Count III charged Doris Nunn and Holder with distributing 5 grams of heroin on the following day. The appellant...

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