UNITED STATES v. JOHNSON

Nos. 84-1844, 84-2374.

767 F.2d 673 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Eric Sanford JOHNSON, Defendant-Appellant. (Two cases)

United States Court of Appeals, Tenth Circuit.

July 3, 1985.


Attorney(s) appearing for the Case

Dick DeGuerin of DeGuerin & Dickson, Houston, Tex., for defendant-appellant.

Stewart C. Walz, Asst. U.S. Atty. (Brent D. Ward, U.S. Atty., Barbara W. Richman, Asst. U.S. Atty., on the brief), Salt Lake City, Utah, for plaintiff-appellee.

Before BARRETT and SETH, Circuit Judges, and SEAY, District Judge.


SETH, Circuit Judge.

Eric Johnson appeals his conviction of attempted possession with intent to manufacture and distribute phenylacetone, a controlled substance. 21 U.S.C. §§ 846 and 841(a)(1). He raises two questions on appeal. Was the indictment fatally vague and ambiguous, and did the government prove with sufficient evidence a completed attempt? After examination of both issues this court is convinced the verdict should be upheld.

Phenylacetone...

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