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UNITED STATES v. HERRERA

No. 84-2498.

757 F.2d 144 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel HERRERA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided March 13, 1985.

Attorney(s) appearing for the Case

Nicholas A. DeJohn, Nicholas A. DeJohn & Assoc., Ltd., Chicago, Ill., for defendant-appellant.

Thomas J. Scorza, Asst. U.S. Atty., Chicago, Ill., for plaintiff-appellee.

Before ESCHBACH and COFFEY, Circuit Judges, and JAMESON, Senior District Judge.

JAMESON, District Judge.

Manuel Herrera appeals his conviction of conspiracy to distribute heroin and to possess heroin with intent to distribute it, in violation of 21 U.S.C. § 846 (Count One), and two counts of possessing with intent to distribute heroin, in violation of 21 U.S.C. § 841(a)(1), (Counts Two and Four). We affirm the conviction on Counts One and Two and reverse on Count Four.

I. Factual Background

On January 16, 1984, Sgt...

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