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UNITED STATES v. NEUROTH

No. 84-3756.

809 F.2d 339 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Victor Val NEUROTH, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 23, 1987.

Attorney(s) appearing for the Case

Randolph Baxter, Asst. U.S. Atty., Chief, Appellate Litigation Div., Cleveland, Ohio, Matt Cain, argued, Ron Bakeman, Gregory Sasse, for plaintiff-appellee.

Donald N. Krosin, argued, Federal Public Defender, Cleveland, Ohio, for defendant-appellant.

Before LIVELY, Chief Judge, and ENGEL, KEITH, MERRITT, KENNEDY, MARTIN, JONES, CONTIE, KRUPANSKY, WELLFORD, GUY, NELSON, RYAN and BOGGS, Circuit Judges.

KEITH, Circuit Judge:

Defendant-appellant, Victor Neuroth, appealed his jury conviction on one count of distributing the drug LSD in violation of 21 U.S.C. § 841(a)(1). A unanimous panel below reversed the conviction, 772 F.2d 909 (5th Cir.1985), relying on United States v. Henderson, 434 F.2d 84 (6th Cir.1970), which the panel construed to prohibit an "on or about" jury instruction when the defendant has an alibi defense...

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