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McCLENDON v. UNITED STATES

No. 78-1027.

587 F.2d 384 (1978)

Clarence McCLENDON, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 13, 1978.

Rehearing and Rehearing Denied December 5, 1978.

Attorney(s) appearing for the Case

H. Vann Smith, Smith & Jernigan, Little Rock, Ark., argued and Robert D. Smith, III, Smith & Jernigan, Little Rock, Ark., on brief and reply brief, for appellant.

Don N. Curdie, Asst. U. S. Atty., Little Rock, Ark., argued, and W. H. Dillahunty, U. S. Atty., Little Rock, Ark., on brief, for appellee.

Before BRIGHT and ROSS, Circuit Judges, and TALBOT SMITH, Senior District Judge.

Rehearing and Rehearing En Banc Denied December 5, 1978.

TALBOT SMITH, Senior District Judge.

Defendant-appellant, Clarence McClendon, was convicted by a jury of distribution of heroin in violation of 21 U.S.C. § 841(a) on September 30, 1977. There is no substantial controversy over the facts. The government's case, based on the eyewitness testimony of two paid informers and one government agent, was that the defendant had distributed heroin on June 7...

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