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UNITED STATES v. VITALE

No. 83-1416.

728 F.2d 1090 (1984)

UNITED STATES of America, Appellee, v. John J. VITALE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 29, 1984.

Rehearing and Rehearing Denied March 27, 1984.

Attorney(s) appearing for the Case

Shaw, Howlett & Schwartz by Joseph Howlett, Clayton, Mo., for appellant.

Thomas E. Dittmeier, U.S. Atty., St. Louis, Mo., Edward L. Dowd, Jr., Asst. U.S. Atty., St. Louis, Mo., for appellee.

Before HEANEY, ROSS and FAGG, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 27, 1984.

ROSS, Circuit Judge.

John J. Vitale was indicted by a grand jury for distributing, and conspiring to distribute, two ounces of cocaine in violation of 21 U.S.C. §§ 841, 846 (1981). The defendant was tried before a jury and found guilty on both counts of the indictment. The district court1 sentenced Vitale to ten years imprisonment on each count, with the sentences...

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