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UNITED STATES v. HERNDON

No. 82-1640.

693 F.2d 57 (1982)

UNITED STATES of America, Appellee, v. Joseph HERNDON, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 22, 1982.

Rehearing Denied December 14, 1982.

Attorney(s) appearing for the Case

Ann Lemp, Wolff & Frankel, Clayton, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., James E. Crowe, Jr., Asst. U.S. Atty., St. Louis, Mo., for appellee.

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

PER CURIAM.

Joseph Herndon was indicted by a grand jury on conspiracy to make counterfeit money, 18 U.S.C. §§ 371, 471, and was found guilty by a jury. Appellant was sentenced to two years imprisonment. He appeals the conviction, arguing (1) the indictment should be dismissed and (2) the district court1 erred in refusing to give a requested instruction. We affirm.

Herndon first argues that there is a "complete absence...

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