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UNITED STATES v. WOOD

No. 82-1162.

695 F.2d 459 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Dale WOOD, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 6, 1982.

Attorney(s) appearing for the Case

Richard L. Denney, Norman, Okl. (Williams, Weldon & Denney, Norman, Okl., were with him on brief), for defendant-appellant.

Frank Michael Ringer, Asst. U.S. Atty., Oklahoma City, Okl. (William S. Price, U.S. Atty., Oklahoma City, Okl., was with him on brief), for plaintiff-appellee.

Before DOYLE and McKAY, Circuit Judges, and TEMPLAR, Senior District Judge.

TEMPLAR, Senior District Judge.

The defendant-appellant, Jimmy Dale Wood, was indicted and convicted of five drug-related offenses: conspiracy to distribute LSD, two counts of knowing and intentional use of a communicational facility in the unlawful distribution of a controlled substance, unlawful distribution of LSD, and possession with intent to distribute LSD. On appeal, he argues that the trial court should not have admitted the LSD into evidence because of gaps...

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