U.S. v. OLNESS

No. 93-1360.

9 F.3d 716 (1993)

UNITED STATES of America, Appellee, v. Marilyn Mae OLNESS, also known Marilyn Mae Nix, also known as Marilyn Mae Thornell, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 18, 1993.


Attorney(s) appearing for the Case

Glenn P. Bruder, Minneapolis, MN, argued, for appellant.

Andrew Stephen Dunne, Minneapolis, MN, argued (Francis X. Hermann and Andrew Dunne, on the brief), for appellee.

Before JOHN R. GIBSON, MAGILL, and LOKEN, Circuit Judges.


JOHN R. GIBSON, Circuit Judge.

Marilyn Mae Olness appeals her conviction of conspiracy to possess with intent to distribute and to distribute cocaine base in violation of 21 U.S.C. § 846 and 841(b)(1)(B) (1990) entered on a guilty plea. The only issue on appeal is the propriety of the imposition of a ten year mandatory minimum sentence under 21 U.S.C. § 841(b)(1)(A)(iii). Olness argues that the indictment did not allege the specific amount of cocaine base...

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