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UNITED STATES v. NEUMANN

No. 78-1383.

585 F.2d 355 (1978)

UNITED STATES of America, Appellee, v. Bradley Raymond NEUMANN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 16, 1978.

Attorney(s) appearing for the Case

William J. Mauzy, Minneapolis, Minn., for appellant.

Joseph T. Walbran, Asst. U. S. Atty., Minneapolis, Minn., for appellee; Andrew W. Danielson, U. S. Atty., and Thorwald H. Anderson, Asst. U. S. Atty., Minneapolis, Minn., on brief.

Before ROSS, Circuit Judge, MARKEY, Chief Judge, and HENLEY, Circuit Judge.

HENLEY, Circuit Judge.

Appellant, Bradley Raymond Neumann, was indicted for possessing heroin and demerol with intent to deliver in violation of 21 U.S.C. § 841(a)(1). After a jury trial, he was acquitted of these offenses but was convicted of the lesser included offenses of possessing these substances in violation of 21 U.S.C. § 844. The district court1 sentenced him to a one-year term of imprisonment for having possessed each...

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