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U.S. v. HERSHBERGER

No. 91-8017.

956 F.2d 954 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Joseph HERSHBERGER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 11, 1992.

Attorney(s) appearing for the Case

John R. Barksdale, Asst. U.S. Atty. (Richard A. Stacy, U.S. Atty., District of Wyoming, with him on the brief), Casper, Wyo., for plaintiff-appellee.

James H. Barrett, Cheyenne, Wyo., for defendant-appellant.

Before McKAY, Chief Judge, and BALDOCK and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Michael Joseph Hershberger was charged in a two-count indictment as follows: In count one he was charged with knowingly, intentionally and unlawfully possessing Ephedrine, a precursor chemical as defined by 21 U.S.C. § 802(34), on or about May 25, 1989, with an intent to manufacture Methamphetamine, a Schedule II controlled substance, in violation of 21 U.S.C. § 841(d)(1). In count two he was charged with knowingly, intentionally...

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