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UNITED STATES v. SMITH

No. 79-1059.

600 F.2d 149 (1979)

UNITED STATES of America, Appellee, v. Leonard SMITH, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1979.

Rehearing and Rehearing Denied July 3, 1979.

Attorney(s) appearing for the Case

J. Joseph McQuillan of Walsh, Walentine & Miles, Omaha, Neb., for appellant.

Thomas D. Thalken, Asst. U. S. Atty., Omaha, Neb., for appellee; Edward G. Warin, U. S. Atty., Omaha, Neb., on brief.

Before LAY, BRIGHT and ROSS, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 3, 1979.

LAY, Circuit Judge.

Leonard Smith, a former police officer in the Omaha Police Department, appeals from his conviction on one count of conspiracy to distribute heroin in violation of 21 U.S.C. §§ 841(a)(1), 846. He earlier was tried and convicted on the same charge with Myron Jackson, Russell Spearman and Faustino Selvera. This court in a divided decision affirmed the conviction of all defendants...

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