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U.S. v. WHALEY

No. 85-1017.

830 F.2d 1469 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Jerry WHALEY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 1987.

Attorney(s) appearing for the Case

Allan L. Yackey, Indianapolis, Ind., for defendant-appellant.

John A. Jancy, Asst. U.S. Atty., John Daniel Tinder, U.S. Atty., Indianapolis, Ind., for plaintiff-appellee.

Before CUMMINGS and FLAUM, Circuit Judges, and GRANT, Senior District Judge.

GRANT, Senior District Judge.

Defendant-Appellant Jerry Whaley was indicted on one count of conspiracy to possess with intent to distribute pharmaceutical drugs. After the first trial concluded with a hung jury, the court declared a mistrial. The government filed a superseding indictment charging Whaley with six substantive acts of distribution or possession with intent to distribute controlled substances, in addition to the original conspiracy charge. The jury in...

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