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UNITED STATES v. SCHMIDT

No. 81-1306, 81-1307.

662 F.2d 498 (1981)

UNITED STATES of America, Appellee, v. Jeffrey Thomas SCHMIDT, Appellant. UNITED STATES of America, Appellee, v. Donald Joseph SCHMIDT, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 29, 1981.

Rehearing Denied November 23, 1981.

Attorney(s) appearing for the Case

Smith, Juster, Feikema, Malmon & Haskvitz by J. Christopher Cuneo (argued), Minneapolis, Minn., for appellant in no. 81-1306.

John M. Lee, Asst. U. S. Atty., Ann D. Montgomery (argued), Asst. U. S. Atty., D. Minnesota, Minneapolis, Minn., Dwight L. Pringle, Legal Intern, Thomas K. Berg, U. S. Atty., Minneapolis, Minn., for appellee.

Kevin S. Burke (argued), Chestnut & Brooks, P.A., Minneapolis, Minn., for appellant in no. 81-1307.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

HEANEY, Circuit Judge.

Jeffrey Thomas Schmidt and his brother, Donald Joseph Schmidt, Jr., were convicted of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Jeffrey was also found guilty on another count of simple possession of marijuana in violation of 21 U.S.C. § 844. Jeffrey was sentenced to six months' imprisonment, followed by two years of probation and a two-year special...

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