UNITED STATES v. MUSE

Nos. 81-2436, 81-2523.

708 F.2d 513 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel E. MUSE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Anthony R. WEST, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 17, 1983.


Attorney(s) appearing for the Case

Vernon E. Lewis, Asst. U.S. Atty., and Jim J. Marquez, U.S. Atty., Kansas City, Kan., with him on brief, for plaintiff-appellee.

David J. Phillips, Asst. Federal Public Defender, and Charles D. Anderson, Federal Public Defender, Ira R. Kirkendoll, Asst. Federal Public Defender, and Robert M. Isenberger, Kansas City, Kan., with him on brief, for defendants-appellants.

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


WESLEY E. BROWN, Senior District Judge.

These appeals were taken by defendants after their joint trial and conviction by a jury of one count of distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Defendants submitted a joint brief, raising three issues. The facts shown by the evidence at trial are not in dispute.

The first issue raised by defendants is whether they were denied a fair trial by the government's failure...

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