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UNITED STATES v. CAMPBELL

No. 81-1103.

652 F.2d 760 (1981)

UNITED STATES of America, Appellee, v. Jerry E. CAMPBELL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 10, 1981.

Attorney(s) appearing for the Case

Scott F. Tilsen, Asst. Federal Defender, D. Minn., Minneapolis, Minn., for appellant.

Thomas K. Berg, U. S. Atty., Thorwald H. Anderson, Jr., Asst. U. S. Atty., Minneapolis, Minn., Ellen McVeigh, Legal Intern, for appellee.

Before STEPHENSON and McMILLIAN, Circuit Judges, and DAVIES, Senior District Judge.

PER CURIAM.

Appellant Jerry E. Campbell appeals from a jury conviction1 of attempting to introduce marijuana into the federal correctional institution at Sandstone, Minnesota, in violation of 18 U.S.C. § 1791 (1976) and 28 C.F.R. § 6.1. The single issue before us is whether the district court erred in declining to give a lesser included offense instruction on simple possession of marijuana, 21 U.S.C. § 844 (1976).

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