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U.S. v. REIN

No. 87-2291.

848 F.2d 777 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. David A. REIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided June 8, 1988.

Attorney(s) appearing for the Case

Brian A. Addy, Pekin, Ill., for defendant-appellant.

J. William Roberts, U.S. Atty., Springfield, Ill., Mark D. Stuaan, Asst. U.S. Atty., Peoria, Ill., for plaintiff-appellee.

Before CUMMINGS, and WOOD, Jr., Circuit Judges, and WILL, Senior District Judge.

HARLINGTON WOOD, Jr., Circuit Judge.

The defendant-appellant, David A. Rein, was charged with the offense of attempting to possess marijuana with intent to distribute, 21 U.S.C. §§ 841(a)(1), 846, but convicted by a jury on June 9, 1987, only of the lesser included offense of attempting to possess marijuana in violation of 21 U.S.C. §§ 844(a), 846.1

On appeal, the defendant argues that his statutory and constitutional...

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