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U.S. v. KUMMER

No. 93-1904.

15 F.3d 1455 (1994)

UNITED STATES of America, Appellee, v. Terry Lee KUMMER, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 10, 1994.

Rehearing Denied March 17, 1994.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Jonathan T. Garaas of Fargo, North Dakota.

Counsel who presented argument on behalf of the appellee was Keith M. Reisenauer, Assistant United States Attorney, Fargo, North Dakota.

Before MORRIS SHEPPARD ARNOLD, Circuit Judge, and HEANEY and ROSS, Senior Circuit Judges.

HEANEY, Senior Circuit Judge.

Terry Lee Kummer was initially convicted by a jury in North Dakota state court of possessing cocaine with intent to deliver. On appeal, the North Dakota Supreme Court overturned his conviction, finding that Kummer had been entrapped as a matter of state law. Kummer was subsequently charged in federal court. After his motions for dismissal and to suppress evidence were denied, Kummer pleaded guilty to violating 21 U.S.C. § 841(a)...

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