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UNITED STATES v. FOGARTY

No. 82-1323.

692 F.2d 542 (1982)

UNITED STATES of America, Appellee, v. Gregory Richard FOGARTY, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 10, 1982.

Rehearing Denied December 9, 1982.

Certiorari Denied March 21, 1983.

Attorney(s) appearing for the Case

Marc G. Kurzman, Lisa A. Berg, Kurzman, Shapiro, Manahan & Partridge, Minneapolis, Minn., for appellant.

Philip N. Hogen, U.S. Atty., D. South Dakota, Sioux Falls, S.D., for appellee; Roger Damgaard, Legal Intern, on brief.

Before BRIGHT, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

Certiorari Denied March 21, 1983. See 103 S.Ct. 1434.

FLOYD R. GIBSON, Senior Circuit Judge.

Gregory Richard Fogarty was convicted at a bench trial on stipulated facts of one count of conspiracy to import marijuana in violation of 21 U.S.C. §§ 952(a) and 963 (1976), and one count of conspiracy to possess marijuana with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. Fogarty appeals his conviction, claiming (1) that...

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