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UNITED STATES v. MASSEY

No. 80-2321.

687 F.2d 1348 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. David Joe MASSEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 27, 1982.

Attorney(s) appearing for the Case

James T. Branam of Dennis & Branam, Antlers, Okl., for defendant-appellant.

G. Steven Stidham, Asst. U. S. Atty., Muskogee, Okl. (James E. Edmondson, U. S. Atty., and Mark F. Green, Asst. U. S. Atty., Muskogee, Okl., with him on the brief), for plaintiff-appellee.

Before DOYLE, PECK, and SEYMOUR, Circuit Judges.

SEYMOUR, Circuit Judge.

David Joe Massey was convicted after a jury trial of possession of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846. On appeal Massey cites as grounds for reversal: (1) impermissible comment by the Government on Massey's post-arrest silence; (2) insufficiency of the evidence; (3) the lower court's decision upholding...

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