GRANT, Senior District Judge.
The defendant, Charles R. Muehlbauer, was indicted on two counts charging him with conspiring to distribute cocaine in violation of 21 U.S.C. § 846 and with the substantive offense of distributing cocaine in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Muehlbauer waived his right to trial by jury, and was ultimately convicted on both counts. This appeal followed.
I. FACTS
In August 1987...
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