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UNITED STATES v. COTTON

No. 79-2165.

646 F.2d 430 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Hollister K. COTTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 11, 1981.

Rehearing Denied May 27, 1981.

Attorney(s) appearing for the Case

Brian G. McConaty, Asst. U. S. Atty., Denver, Colo. (Joseph Dolan, U. S. Atty. and Daniel R. Christopher, Asst. U. S. Atty., Denver, Colo., on brief), for plaintiff-appellee.

Joseph Saint-Veltri, Denver, Colo. (Jeralyn E. Merritt, Denver, Colo., with him on brief), for defendant-appellant.

Before HOLLOWAY, McWILLIAMS, and BARRETT, Circuit Judges.

BARRETT, Circuit Judge.

Hollister (Holly) K. Cotton (Cotton) appeals his jury conviction of distributing cocaine in violation of 21 U.S.C.A. § 841(a)(1)1 and 18 U.S.C.A. § 22 as charged in Count II. Cotton was charged with Lewis Leon McCutcheon in a two count indictment. Prior to trial, the Court, on its own motion, severed Counts I and II, directed that trial would proceed on Count II first, and...

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