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U.S. v. RUTH

No. 90-3167.

946 F.2d 110 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph F. RUTH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 24, 1991.

Attorney(s) appearing for the Case

Julie A. Robinson, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., with her on the brief), Kansas City, Kan., for plaintiff-appellee.

Carol A. Coe, Kansas City, Mo., for defendant-appellant.

Before MOORE and McWILLIAMS, Circuit Judges, and KANE, District Judge.

McWILLIAMS, Circuit Judge.

In the first count of a five-count indictment, Joseph Ruth, the appellant, and his brother, Thomas Ruth, were charged with conspiring to distribute approximately 670 grams of cocaine from May 16, 1989, until October 2, 1989, in violation of 21 U.S.C. § 846. One of the overt acts set forth in the indictment in connection with the conspiracy charge was that on May 16, 1989, Thomas Ruth distributed "to a confidential informant 447 grams...

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