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U.S. v. BUTLER

No. 89-5066.

904 F.2d 1482 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Ricky E. BUTLER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 12, 1990.

Attorney(s) appearing for the Case

Everett R. Bennett, Jr. of Frasier & Frasier, Tulsa, Okl., for defendant-appellant.

Tony M. Graham, U.S. Atty., and Susan W. Pennington, Asst. U.S. Atty., Tulsa, Okl., for plaintiff-appellee.

Before TACHA and EBEL, Circuit Judges, and SAFFELS, District Judge.

TACHA, Circuit Judge.

Ricky E. Butler appeals his conviction for possession of hashish, a misdemeanor in violation of 21 U.S.C. section 844. A jury sitting before a United States magistrate handed down the verdict, and Butler appealed to the United States District Court, which affirmed his conviction. Butler now argues that: (1) the magistrate erred in overruling his motion to suppress; (2) the magistrate erred by failing to grant a mistrial on the basis of prosecutorial...

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