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UNITED STATES v. SMITH

No. 79-1056.

601 F.2d 972 (1979)

UNITED STATES of America, Appellee, v. Lorin Hugh SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 27, 1979.

Attorney(s) appearing for the Case

Mark W. Peterson, Minneapolis, Minn., argued and on brief, for appellant.

Richard E. Vosepka, Asst. U. S. Atty., Minneapolis, Minn. (argued), Andrew W. Danielson, U. S. Atty. and Paul C. Engh, Legal Intern, Minneapolis, Minn., on brief, for appellee.

Before LAY, BRIGHT and HENLEY, Circuit Judges.

BRIGHT, Circuit Judge.

Lorin Hugh Smith appeals from one of his three convictions for knowingly and intentionally possessing or distributing heroin, in violation of 21 U.S.C. § 841(a)(1) (1976). Smith was tried upon a three-count indictment charging him with distribution of approximately two and one-half grams of heroin on October 31, 1977 (count I), distribution of approximately six grams of heroin on November 3, 1977 (count II), and possession with intent to...

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