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U.S. v. MONTANYE

No. 91-1703.

996 F.2d 190 (1993)

UNITED STATES of America, Appellee, v. Herbert R. MONTANYE, also known as Muscles, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 8, 1993.

Attorney(s) appearing for the Case

Daryl J. Douglas, Kansas City, MO, argued (David M. Peterson, on the brief), for appellant.

Charles E. Ambrose, Asst. U.S. Atty., Kansas City, MO, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, BRIGHT, Senior Circuit Judge, McMILLIAN, JOHN R. GIBSON, FAGG, BOWMAN, WOLLMAN, MAGILL, BEAM, LOKEN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges, En Banc.

FAGG, Circuit Judge.

Herbert R. Montanye joined an ongoing conspiracy to manufacture methamphetamine by agreeing to supply laboratory glassware to others knowing they would use it to manufacture the drug. A month after Montanye delivered the glassware to his coconspirators, federal agents found the coconspirators' methamphetamine laboratory with enough chemicals on hand to make 37.5 kilograms of methamphetamine. At trial, a jury convicted Montanye of conspiracy to...

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