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U.S. v. FELTON

No. 89-2783.

908 F.2d 186 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Fred FELTON, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided July 23, 1990.

Rehearing Denied August 21, 1990.

Attorney(s) appearing for the Case

Ava M. Gould, Barry R. Elden, Asst. U.S. Atty., Office of U.S. Atty., Criminal Receiving, Appellate Div., Chicago, Ill., for plaintiff-appellee.

Gary J. Ravitz, Chicago, Ill., for defendant-appellant.

Before BAUER, Chief Judge, FLAUM, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

BAUER, Chief Judge.

Fred Felton's defense at trial was that he didn't do it, but if he did do it, the devil (disguised as an undercover DEA agent) made him do it. The jury, however, chose a third option and convicted him of one count of conspiracy to possess with intent to distribute heroin and cocaine in violation of 21 U.S.C. § 846, and one count of attempting to possess heroin with intent to distribute in violation of 18 U.S.C. § 2; 21 U.S.C. §&...

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