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UNITED STATES v. EVERETT

No. 81-2644.

700 F.2d 900 (1983)

UNITED STATES of America, Appellant, v. EVERETT, George, Appellee.

United States Court of Appeals, Third Circuit.

Decided February 15, 1983.

Attorney(s) appearing for the Case

Peter F. Vaira, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Chief, Appellate Section, Judy L. Goldstein, Asst. U.S. Atty., Philadelphia, Pa., for appellant.

Before ADAMS, GARTH, Circuit Judges, and GERRY, District Judge.

Submitted Under Rule 12(6) on October 28, 1982.

OPINION OF THE COURT

GERRY, District Judge:

Appellee George Everett was convicted by a jury of attempting to distribute the drug phenyl-2-propanone (P-2-P) in violation of 21 U.S.C. § 846 (1976). The district court granted Everett's motion for judgment of acquittal on the ground that it was legally impossible for Everett to commit the crime. United States v. Everett, 520...

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