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U.S. v. DEISCH

No. 93-7257.

20 F.3d 139 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Terry Ann DEISCH, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 25, 1994.

Attorney(s) appearing for the Case

Kenneth Coghlan, Andrew K. Howorth (Court-appointed), Hickman, Goza & Gore, Oxford, MS, for appellant.

Calvin D. Buchanan, Asst. U.S. Atty., Alfred E. Moreton, III, U.S. Atty., Oxford, MS, for appellant.

Before REAVLEY, GARWOOD and HIGGINBOTHAM, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Terry Ann Deisch (Deisch) appeals her conviction and five year sentence for simple possession of cocaine base in violation of 21 U.S.C. § 844. Deisch asserts that the district court erred in (1) submitting the section 844 violation as a lesser included offense at all; (2) the wording of the charge on the section 844 offense; and (3) allowing the government to introduce in evidence an untimely disclosed statement. We...

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