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  5. 866 F.2d 908 (1989)
 

U.S. v. GRIER

Nos. 86-2837, 86-2838.

866 F.2d 908 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Charles H. GRIER and Isaac Harper, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided January 11, 1989.

Rehearing and Rehearing Denied February 8, 1989.

Attorney(s) appearing for the Case

Thomas Nelson, Milwaukee, Wis., Robert Handelsman, Chicago, Ill., for defendants-appellants.

Francis D. Schmitz, Asst. U.S. Atty., John E. Fryatt, U.S. Atty., Milwaukee, Wis., for plaintiff-appellee.

Before BAUER, Chief Judge, and WOOD and COFFEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 8, 1989.

COFFEY, Circuit Judge.

Charles H. Grier and Isaac Harper were convicted of conspiracy to distribute cocaine in violation of 21 U.S.C. § 846, and of utilization of a communication facility in furtherance of the conspiracy in violation of 21 U.S.C. § 843(b). Although Grier and Harper were also indicted for possession of cocaine with intent to distribute in violation

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