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UNITED STATES v. SNIDER

Nos. 83-1004, 83-1006 and 83-1009.

720 F.2d 985 (1983)

UNITED STATES of America, Appellee, v. Terry Dee SNIDER, Appellant. UNITED STATES of America, Appellee, v. Billy Gene RENEAU, Appellant. UNITED STATES of America, Appellee, v. Sheri L. ABLE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 14, 1983.

Rehearings Denied December 14 and December 20, 1983.

Certiorari Denied March 19, 1984.

Attorney(s) appearing for the Case

R. Thomas Day, Kansas City, Mo., for appellant Snider.

Willard B. Bunch, Campbell, Erickson, Cottingham, Morgan & Gibson, John Edward Cash, Kansas City, Mo., for appellant Reneau.

Gregory L. Vranicar, Kansas City, Mo., for appellant Able; Rich, Granoff, Levy & Gee, Kansas City, Mo., of counsel.

Robert G. Ulrich, U.S. Atty., J. Whitfield Moody, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before HEANEY, Circuit Judge, HENLEY, Senior Circuit Judge, and REGAN, Senior District Judge.

Certiorari Denied March 19, 1984. See 104 S.Ct. 1613.

HEANEY, Circuit Judge.

Terry D. Snider, Billy Gene Reneau, and Sheri L. Able appeal their convictions on a two-count indictment for conspiracy to possess marijuana with intent to distribute and possession of marijuana with the same intent. Because we find a prejudicial variance between the charge in the indictment and the proof offered at trial, we reverse all...

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