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UNITED STATES v. PAPAJOHN

No. 82-1654.

701 F.2d 760 (1983)

UNITED STATES of America, Appellee, v. John M. PAPAJOHN, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided March 11, 1983.

Attorney(s) appearing for the Case

Gerald B. Lefcourt, P.C., New York City, for appellant; Joshua L. Dratel and Erica Horwitz, New York City, of counsel.

Robert L. Teig, Asst. U.S. Atty., N.D. Iowa, Cedar Rapids, Iowa, for appellee.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

HENLEY, Senior Circuit Judge.

John M. Papajohn, Jr. appeals the order of the district court1 denying without a hearing his motion for modification of sentence, filed pursuant to Federal Rule of Criminal Procedure 35. We affirm.

On February 6, 1980 appellant was indicted on charges of possession with intent to distribute cocaine and conspiracy to distribute and to possess with intent to distribute cocaine. The indictment named seven...

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