U.S. v. WASHINGTON

No. 87-2294.

858 F.2d 590 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Edward WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 28, 1988.


Attorney(s) appearing for the Case

Clark O. Brewster (David A. Mullon, Jr., Michael F. Kuzow, and Jennifer L. Moncrief of Brewster Shallcross & Rizley with him on the brief), Tulsa, Okl., for defendant-appellant.

John S. Morgan, Asst. U.S. Atty. (Tony M. Graham, U.S. Atty., and Susan W. Pennington, Asst. U.S. Atty. N.D. Okl., were on the brief), Tulsa, Okl., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and BRORBY and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

Edward Washington, the appellant, and Larry Lee Cole, who is not an appellant, were jointly charged in a nine-count superseding indictment with various drug related offenses. In count 1 Washington and Cole were charged with conspiring with each other and "with others both known and unknown to the Grand Jury" to manufacture phencyclidine (PCP) in violation of 21 U.S.C. §§ 841(a)(1) and 846.

In count 2 Washington alone was...

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