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U.S. v. BAGGETT

No. 88-2767.

890 F.2d 1095 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Barbara Lynn BAGGETT, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 12, 1990.

Attorney(s) appearing for the Case

Chris Eulberg of Eulberg & Brink, Oklahoma City, Okl., and Bryce A. Baggett of Oklahoma City, Okl., for defendant-appellant.

D. Blair Watson, Asst. U.S. Atty. (Robert E. Mydans, U.S. Atty.), Oklahoma City, Okl., for plaintiff-appellee.

Before SEYMOUR and ANDERSON, Circuit Judges, and KANE, District Judge.

SEYMOUR, Circuit Judge.

After a jury trial, defendant Barbara Lynn Baggett was found guilty of simple possession of heroin under 21 U.S.C. § 844(a) (1982 & Supp. V 1987), and of three counts of using a telephone to facilitate the distribution of heroin under 21 U.S.C. § 843(b) (1982). Defendant argues that there is insufficient evidence to support the jury's verdict on the possession count, and that section 843(b) does not apply to individuals who use...

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