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UNITED STATES v. JARDAN

Nos. 76-1140 and 76-1180.

552 F.2d 216 (1977)

UNITED STATES of America, Appellee, v. Lushrie JARDAN and Harold Hudson, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 21, 1977.

Certiorari Denied June 27, 1977.

Attorney(s) appearing for the Case

David F. Williams, Kansas City, Mo., on brief, for Jardan.

Mark W. Slatkin, Kansas City, Mo., on brief, for Hudson.

Frederick Eisenbud, U.S. Dept. of Justice, and Mervyn Hamberg, Washington, D.C., Bert C. Hurn, U.S. Atty., and William M. Tetrick, Sp. Atty., Dept. of Justice, Kansas City, Mo., on brief, for appellee.

Before GIBSON, Chief Judge, and HEANEY and WEBSTER, Circuit Judges.

GIBSON, Chief Judge.

Lushrie Jardan and Harold Hudson were indicted on two counts of distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Count I alleged that Jardan and Hudson unlawfully distributed approximately one gram of heroin on May 3, 1975. Count II charged Jardan and Hudson with an unlawful distribution of approximately 3.3 grams of heroin on May 13, 1975. Hudson and Jardan were tried jointly before a jury on both counts...

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