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U.S. v. CANTERBURY

No. 92-3809.

2 F.3d 305 (1993)

UNITED STATES of America, Appellant, v. David Alan CANTERBURY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 30, 1993.

Attorney(s) appearing for the Case

Janet L. Papenthien, Cedar Rapids, IA, argued, for appellant.

Mark C. Meyer, Cedar Rapids, IA, argued, for appellee.

Before RICHARD S. ARNOLD, Chief Judge, LAY, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

RICHARD S. ARNOLD, Chief Judge.

David Canterbury is charged with one count of possession of illegal drugs, conspiracy to possess and distribute those drugs, and two counts of using or possessing a firearm in connection with a drug-trafficking crime: violations of 21 U.S.C. § 841(b)(1)(C), 21 U.S.C. § 846, and 18 U.S.C. § 924(c). On the defendant's motion, the District Court — without the benefit of an evidentiary hearing — dismissed one...

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