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U.S. v. BALANO

No. 93-1588.

8 F.3d 629 (1993)

UNITED STATES of America, Appellant, v. Joseph P. BALANO, also known as Joe Pat, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 1, 1993.

Attorney(s) appearing for the Case

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

Martin D. Warhurst, Kansas City, MO, argued, for appellee.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In mid-1992, Joseph Patrick Balano was tried in federal court on two counts of drug-related charges — conspiracy to distribute more than five kilograms of cocaine in early 1991, and distribution of one ounce (approximately 28 grams) of cocaine in December, 1991. A jury acquitted him on the conspiracy count and convicted him on the distribution count.

At sentencing, the trial court found that the evidence was clear...

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