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U.S. v. JOHNSON

No. 92-1471.

982 F.2d 1192 (1992)

UNITED STATES of America, Appellant, v. Mary Magdalene JOHNSON; Carolyn Faye Walters, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 15, 1992.

Rehearing Denied January 20, 1993.

Attorney(s) appearing for the Case

Kandice L. Wilcox, Asst. U.S. Atty., Cedar Rapids, IA, argued for appellant.

Kathryn B. Goudy, Des Moines, IA, argued for appellee Carolyn Faye Walters.

Richard L. McCoy, Sioux City, IA, argued for appellee Mary Magdalene Johnson.

Before MAGILL, Circuit Judge, LAY, Senior Circuit Judge, and BEAM, Circuit Judge.

LAY, Senior Circuit Judge.

The government has appealed the order of the district court1 granting new trials and severance to Mary Magdalene Johnson and her sister Carolyn Walters. Johnson and Walters were both convicted of violating 21 U.S.C. § 846 (1988), for conspiracy to knowingly possess narcotics with intent to distribute. Johnson was additionally convicted of two counts of possession with intent to distribute narcotics in violation...

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