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UNITED STATES v. LATIMER

No. 84-2651.

780 F.2d 868 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Donald R. LATIMER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 27, 1985.

Attorney(s) appearing for the Case

Kenneth M. Carpenter, Carpenter and Carpenter, Chartered, Topeka, Kan., for defendant-appellant.

Richard Hathaway, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., and Kurt J. Shernuk, Asst. U.S. Atty., with him on brief), Topeka, Kan., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and BARRETT, Circuit Judge, and GREENE, District Judge.

J. THOMAS GREENE, District Judge.

Appellant in this case seeks review of his conviction on one count of distribution of heroin in violation of 21 U.S.C. § 841(a)(1) and one count of conspiracy to distribute heroin in violation of 21 U.S.C. § 846 and § 841(a)(1). Appellant raises three issues on appeal:

1) whether he was deprived of his Fifth Amendment due process rights when the United States did not divulge alleged exculpatory evidence prior...

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