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UNITED STATES v. GARRETT

No. 85-1528.

797 F.2d 656 (1986)

UNITED STATES of America, Appellee, v. Edward E. GARRETT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 24, 1986.

Attorney(s) appearing for the Case

Michael R. Salamo, Fayetteville, Ark., for appellant.

Steven N. Snyder, Asst. U.S. Atty., Fort Smith, Ark., for appellee.

Before McMILLIAN and JOHN R. GIBSON, Circuit Judges, and MURPHY District Judge.

JOHN R. GIBSON, Circuit Judge.

Edward E. Garrett appeals his conviction following a jury trial on one count of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846 (1982), and one count of false declarations before a grand jury (perjury) in violation of 18 U.S.C. § 1623 (1982). Garrett's principal contention on appeal is that the district court erred in not dismissing the conspiracy count in the indictment because the grand jury which returned...

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