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U.S. v. JOHNSTONE

No. 87-1606.

856 F.2d 539 (1988)

UNITED STATES of America v. Donald JOHNSTONE, Appellant.

United States Court of Appeals, Third Circuit.

Decided September 6, 1988.

Rehearing and Rehearing Denied September 30, 1988.

Attorney(s) appearing for the Case

Gilbert J. Scutti (argued), Philadelphia, Pa., for appellant.

Jeanne K. Damirgian (argued), Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before SLOVITER, SCIRICA and WEIS, Circuit Judges.

Rehearing and Rehearing In Banc Denied September 30, 1988.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this appeal, Donald Johnstone challenges his jury conviction of offenses under the Comprehensive Drug Abuse Prevention and Control Act (Controlled Substances Act), specifically, 21 U.S.C. § 846 (1982) (conspiracy), and 21 U.S.C. § 843(b) (using a telephone to facilitate a conspiracy to distribute methamphetamine, and to facilitate...

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