Nos. 90-3000, 90-3038.

932 F.2d 868 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Norman D. WRIGHT, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. George W. KIRBY, Jr., Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 11, 1991.

Attorney(s) appearing for the Case

John C. Humpage, Topeka, Kan., for defendant-appellant Wright.

Marilyn M. Trubey, Asst. Federal Public Defender (Charles D. Anderson, Federal Public Defender, with her on the brief), for defendant-appellant Kirby.

Kurt J. Shernuk, Asst. U.S. Atty., Topeka, Kan. (Lee Thompson, U.S. Atty., with him on the brief), for plaintiff-appellee.

Before HOLLOWAY, SEYMOUR, and ANDERSON, Circuit Judges.

SEYMOUR, Circuit Judge.

On April 4, 1989, defendants Norman D. Wright and George W. Kirby were jointly indicted for offenses relating to their participation in drug trafficking in Kansas.1 Count I of the indictment charged both defendants with conspiring to distribute cocaine in violation of 21 U.S.C. § 846 (1988). Count II charged the defendants with attempting to distribute cocaine, also in violation of 21 U.S.C. § 846. Count...

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