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U.S. v. BYERLEY

No. 91-3625.

999 F.2d 231 (1993)

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

United States Court of Appeals, Seventh Circuit.

Decided July 13, 1993.

Attorney(s) appearing for the Case

Andrew B. Baker, Jr., Asst. U.S. Atty., Dyer, IN, Robert Gevers, Fort Wayne, IN (argued), for U.S.

Suzanne Philbrick, Chesterton, IN (argued), for Joseph Byerley.

Before RIPPLE, KANNE, Circuit Judges, and WILLIAMS, District Judge.

ANN CLAIRE WILLIAMS, District Judge.

Joseph Byerley and Randy Taylor were charged in a one count indictment with conspiring to distribute cocaine "together and with others known and unknown to the Grand Jury" in violation of 21 U.S.C. § 846. The two defendants were tried together. At the close of the government's case, Taylor was acquitted. The jury found Byerley guilty and he was sentenced to 151 months in prison.

On appeal, Byerley challenges the sufficiency...

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