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U.S. v. PENNON

No. 86-1063.

816 F.2d 527 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Reen PENNON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 14, 1987.

Attorney(s) appearing for the Case

Susan M. Otto, Asst. Federal Public Defender (David Booth, Federal Public Defender, with her on the brief), Tulsa, Okl., for defendants-appellant.

Gene V. Primomo, Asst. U.S. Atty. (Roger Hilfiger, U.S. Atty., and Sheldon J. Sperling, Asst. U.S. Atty., with him on the brief) for plaintiff-appellee.

Before SEYMOUR, REINHARDT, and TACHA, Circuit Judges.

SEYMOUR, Circuit Judge.

Robert Reen Pennon was convicted in a jury trial of manufacturing phencyclidine (PCP) in violation of 21 U.S.C. § 841(a)(1) (1982), possession of PCP with intent to distribute, also in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm after having been previously convicted of a felony, in violation of 18 U.S.C. app. § 1202(a)(1) (1982). Pennon contends on appeal that (1...

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