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U.S. v. SHURN

No. 87-2317.

849 F.2d 1090 (1988)

UNITED STATES of America, Appellee, v. Charles SHURN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 16, 1988.

Rehearing Denied July 18, 1988.

Attorney(s) appearing for the Case

C. Clifford Schwartz, St. Louis, Mo., for appellant.

Debra Herzog, Asst. Atty. Gen., St. Louis, Mo., for appellee.

Before FAGG, Circuit Judge, BRIGHT, Senior Circuit Judge, and NICHOL, Senior District Judge.

NICHOL, Senior District Judge.

Charles Shurn appeals his conviction of one count of possession with intent to distribute heroin, a violation of 21 U.S.C. § 841(a)(1) (1982). On appeal he argues that the District Court1 erred in denying his motion for judgment of acquittal based upon insufficient evidence. He also contends that the Court erred in allowing rebuttal testimony of Detective Wheeler, in allowing the Government to reopen...

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