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U.S. v. BERRY

No. 90-3048.

931 F.2d 671 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin BERRY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 29, 1991.

Attorney(s) appearing for the Case

Christina L. Morris, Asst. U.S. Atty. (Lee Thompson, U.S. Atty., D. Kan., with her on the brief), Kansas City, Kan., for plaintiff-appellee.

Jill M. Wichlens, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, Colo., for defendant-appellant.

Before MOORE, ALDISERT, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Kevin Berry, the appellant, Steve Ramsey and John Wesley Lee, III were charged in a three-count indictment as follows: in count one, all three were charged with the distribution of approximately .2 grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1); in count two, Berry and Ramsey were charged with the possession of approximately 8.8 grams of cocaine base with an intent to distribute the same, in violation of 21 U.S.C. §...

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