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U.S. v. McGHEE

No. 87-5707.

854 F.2d 905 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. John McGHEE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided August 22, 1988.

Attorney(s) appearing for the Case

W. Gary Blackburn (argued), Barnett and Alagia, Nashville, Tenn., William D. Mitchell, Sparta, Tenn., for defendant-appellant.

Joe B. Brown, U.S. Atty., Nashville, Tenn., Robert J. Washko (argued), for plaintiff-appellee.

Before ENGEL, Chief Judge, RYAN, Circuit Judge, and PORTER, Senior District Judge.

RYAN, Circuit Judge.

Defendant-appellant, John McGhee, pled guilty to Counts I and VI of a nine-count indictment. The district court denied his motion to arrest judgment pursuant to Fed.R.Crim.P. 34, as to Count I. In his motion, McGhee argued that the indictment, charging him with a violation of 21 U.S.C. §§ 843(b) and 846 for knowingly and intentionally using a communication facility "in an attempt to facilitate the possession and distribution of a controlled...

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