U.S. v. STEWART

No. 88-5351.

878 F.2d 256 (1989)

UNITED STATES of America, Appellee, v. Kurt STEWART, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 29, 1989.

Rehearing Denied August 7, 1989.


Attorney(s) appearing for the Case

Alan J. Sheppard, Fargo, N.D., for appellant.

Gary Annear, Fargo, N.D., for appellee.

Before JOHN R. GIBSON and BOWMAN, Circuit Judges, and HEANEY, Senior Circuit Judge.


JOHN R. GIBSON, Circuit Judge.

Kurt Stewart appeals his convictions for three counts of using a communications facility to commit a controlled substance felony, in violation of 21 U.S.C. § 843(b), and one count of conspiracy to possess and deliver a controlled substance, in violation of 21 U.S.C. § 846. Stewart arranged cocaine transactions by placing calls from Denver, Colorado to Fargo, North Dakota. The receiving telephone in Fargo, however, had been...

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