UNITED STATES v. JONES

No. 85-2662.

808 F.2d 754 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Francis J. JONES, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 9, 1987.


Attorney(s) appearing for the Case

Michael Lerner, Overland Park, Kan., for defendant-appellant.

Robert S. Streepy, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., with him on the brief), Kansas City, Kan., for plaintiff-appellee.

Before BARRETT and SEYMOUR, Circuit Judges, and CHILSON, District Judge.


SEYMOUR, Circuit Judge.

Dr. Francis J. Jones, Jr., was convicted in a jury trial of conspiracy to distribute Schedule III and Schedule IV controlled substances in violation of 21 U.S.C. § 846 (1982). On appeal, Dr. Jones contends that the trial court erred in refusing to grant his motion for a judgment of acquittal. After carefully reviewing all of the evidence, we agree that it is insufficient to support Dr. Jones' conviction. Consequently, we reverse.

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