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UNITED STATES v. STARR

No. 78-1222.

584 F.2d 235 (1978)

UNITED STATES of America, Appellee, v. David Allen STARR, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 3, 1978.

Rehearing Denied October 6, 1978.

Attorney(s) appearing for the Case

Donald A. Wine, Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, Iowa, argued and on brief, for appellant.

John M. Fitzgibbons, Asst. U. S. Atty., Des Moines, Iowa (argued), and Roxanne Barton Conlin, U. S. Atty., Des Moines, Iowa, on brief, for appellee.

Before STEPHENSON, Circuit Judge, INGRAHAM, Senior Circuit Judge, and HENLEY, Circuit Judge.

STEPHENSON, Circuit Judge.

David Allen Starr appeals his jury conviction on one count1 of conspiracy (alleged under 21 U.S.C. § 846) to distribute methylenedioxyamphetamine sulfate (MDA), a Schedule I controlled substance, in violation of 21 U.S.C. § 841(a)(1) and 841(b)(1)(B).2 Starr contends (1) that the indictment failed to allege an essential element of the offense charged and was therefore defective...

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