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U.S. v. SMITHERMAN

No. 89-1564.

889 F.2d 189 (1989)

UNITED STATES of America, Appellee, v. Joel SMITHERMAN, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 15, 1989.

Rehearing Denied December 6, 1989.

Attorney(s) appearing for the Case

Thomas J. O'Flaherty, Cedar Rapids, Iowa, for appellant.

Judith A. Whetstine, Asst. U.S. Atty., Cedar Rapids, Iowa, for appellee.

Before JOHN R. GIBSON and WOLLMAN, Circuit Judges, and ROSS, Senior Circuit Judge.

WOLLMAN, Circuit Judge.

Joel Smitherman pleaded guilty to three counts of a four-count indictment: distribution of one ounce of cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2; conspiracy to distribute more than 500 grams of cocaine in violation of 21 U.S.C. § 846; and aiding and abetting an attempt to kill a federal witness against him in violation of 18 U.S.C. § 2 and 1512(a)(1). We affirm.

Smitherman was arrested on cocaine...

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