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UNITED STATES v. KIRK

No. 83-1068.

723 F.2d 1379 (1983)

UNITED STATES of America, Appellee, v. Eugene C. KIRK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 29, 1983.

Certiorari Denied April 2, 1984.

Attorney(s) appearing for the Case

Michael L. Lyons, St. Charles, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., Charles A. Shaw, Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before HEANEY, ROSS and JOHN R. GIBSON, Circuit Judges.

Certiorari Denied April 2, 1984. See 104 S.Ct. 1717.

HEANEY, Circuit Judge.

Eugene C. Kirk, Sr., appeals from the district court's1 denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255. We affirm in part and reverse in part.

A jury convicted Kirk of one count of conspiracy to distribute and to possess with intent to distribute heroin in violation of 21 U.S.C. § 846, four...

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