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UNITED STATES v. COVA

No. 84-1676.

755 F.2d 595 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Reno Richard COVA, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided February 22, 1985.

Rehearing Denied April 17, 1985.

Attorney(s) appearing for the Case

Gonzalo P. Curiel, James & James, Dyer, Ind., for defendant-appellant.

Evan Spangler, Asst. U.S. Atty., R. Lawrence Steele, Jr., U.S. Atty., Hammond, Ind., for plaintiff-appellee.

Before BAUER, COFFEY and FLAUM, Circuit Judges.

BAUER, Circuit Judge.

Defendant Reno R. Cova, Jr. was convicted of one count of conspiracy to possess cocaine in violation of 21 U.S.C. §§ 844(a), 846 (1983) and was sentenced to six months imprisonment. Cova appeals his conviction, arguing that conspiracy to possess cocaine is not a lesser included offense of conspiracy to distribute cocaine, the original charge against Cova, and that the trial court therefore erred in allowing the government to amend Cova...

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