FITZGERALD v. UNITED STATES

No. 82-2212.

719 F.2d 1069 (1983)

Kenneth FITZGERALD, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals, Tenth Circuit.

October 25, 1983.


Attorney(s) appearing for the Case

James H. Barrett, Trierweiler, Bayless, Barrett & McCartney, Cheyenne, Wyo., for appellant.

David A. Kern, Asst. U.S. Atty., Cheyenne, Wyo. (Richard A. Stacy, U.S. Atty., and Lisa Leschuck, Legal Intern, Dist. of Wyoming, Cheyenne, Wyo., with him on brief), for appellee.

Before SETH, Chief Judge, DOYLE, Circuit Judge, and MILLER, Circuit Judge.


WILLIAM E. DOYLE, Circuit Judge.

Defendant was charged and convicted by a jury of two counts of possession of controlled substances with intent to distribute, in violation of 21 U.S.C. §§ 841(a), 841(b)(1)(A). This is a companion case to Seth Mason and Carl Peterson v. United States, Nos. 82-1703, 82-1704. The defendant appealed his conviction on the grounds that the evidence failed to support convictions for the...

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