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U.S. v. SAVAIANO

Nos. 86-2530, 86-2507.

843 F.2d 1280 (1988)

UNITED STATES of America, Plaintiff/Appellee, v. Gary SAVAIANO, and Gary McPherson, Defendants/Appellants. and Bill Crummey, Defendant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 16, 1988.

Attorney(s) appearing for the Case

Kurt J. Shernuk, Asst. U.S. Atty. (Benjamin L. Burgess, Jr., U.S. Atty., and Leon J. Patton, Asst. U.S. Atty., with him on the briefs), Topeka, Kan., for plaintiff-appellee, U.S.

Jerold E. Berger, Topeka Kan., for defendant-appellant, Gary Savaiano.

John C. Humpage, Topeka Kan., for defendant-appellant, Gary McPherson.

Before HOLLOWAY, Chief Judge, ANDERSON, Circuit Judge, and ALLEY, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Appellants, Gary McPherson and Gary Savaiano, were each found guilty by a jury, and convicted on six counts of a superseding indictment charging conspiracy to manufacture amphetamine, using a telephone to facilitate the conspiracy, and attempt to manufacture amphetamine, in violation of 21 U.S.C. §§ 846, 841(a)(1) and 843(b). McPherson was found guilty of an additional count under 21 U.S.C. § 843(b). The evidence...

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