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U.S. v. BURKS

No. 90-1310.

934 F.2d 148 (1991)

UNITED STATES of America, Appellee, v. James BURKS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 14, 1991.

Rehearing Denied June 11, 1991.

Attorney(s) appearing for the Case

Law Offices of Susan G. James and Jeffery C. Duffy, A.S. Agricola, Jr., Montgomery, Ala., for appellant.

William M. Cromwell, Fort Smith, Ark., for appellee.

Before McMILLIAN and BOWMAN, Circuit Judges, and CAHILL, District Judge.

CAHILL, District Judge.

James Burks appeals his conviction from the District Court1 for one count of attempting to deliver amphetamines, a violation of 21 U.S.C. § 841. Burks raises three issues on appeal. First, he contends that the trial court erred in overruling defendant's motion for an acquittal when the evidence failed to show that appellant possessed amphetamine. Second, Burks contends...

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