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U.S. v. CHURCH

No. 91-2679.

970 F.2d 401 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jimmy Lee CHURCH, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1992.

Attorney(s) appearing for the Case

David H. Miller, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Fort Wayne, Ind., for plaintiff-appellee.

Frank J. Gray (argued), Beckman, Lawson, Sandler, Snyder & Federoff, Fort Wayne, Ind., James P. Casey, Bowers, Harrison, Kent & Miller, Evansville, Ind., James S. Stephenson, Kenneth Collier-Magar, Stephenson & Kurnik, Indianapolis, Ind., and Francis H. Lueken, Ferdinand, Ind., for defendants-appellants.

Before BAUER, Chief Judge, CUMMINGS, Circuit Judge, and VAN SICKLE, Senior District Judge.

BRUCE M. VAN SICKLE, Senior District Judge.

Jimmy Lee Church and two co-defendants, Joe Surry and Andre Spence, were indicted on various drug and firearm charges. Following a joint trial, Church was convicted of the following: (1) Count Three — conspiracy to distribute more than five grams of cocaine base, crack, in violation of 21 U.S.C. §§ 846 and 841(a)(1); (2) Count Four — possession with intent...

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