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UNITED STATES v. McDANIEL

No. 85-1491.

773 F.2d 242 (1985)

UNITED STATES of America, Appellee, v. Herbert McDANIEL, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 23, 1985.

Attorney(s) appearing for the Case

Byron Neal Fox, Kansas City, Mo., for appellant.

Thomas M. Larson, Asst. U.S. Atty., Kansas City, Mo., for appellee.

Before BOWMAN, Circuit Judge, HENLEY, Senior Circuit Judge, and WOLLMAN, Circuit Judge.

HENLEY, Senior Circuit Judge.

Herbert McDaniel appeals from his conviction by jury in the United States District Court for the Western District of Missouri for distributing cocaine and heroin in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2.1 McDaniel contends as follows: (1) that the court erred in admitting into evidence under the coconspirator hearsay exception, Fed.R.Evid. 801(d)(2)(E), certain statements by Howard...

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