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U.S. v. McGESHICK

No. 93-30395.

41 F.3d 419 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. James Wayne McGESHICK, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 31, 1994.

Attorney(s) appearing for the Case

Anthony R. Gallagher, Federal Public Defender, Billings, MT, for defendant-appellant.

C. Ed Laws, Asst. U.S. Atty., Billings, MT, and Carl E. Rostad, Asst. U.S. Atty., Great Falls, MT, for plaintiff-appellee.

Before: WOOD, Jr., HUG and TANG, Circuit Judges.

HUG, Circuit Judge:

James Wayne McGeshick appeals his conviction for distributing cocaine in violation of 21 U.S.C. §§ 841(a) and 859. He entered a conditional plea of guilty reserving the right to appeal the district court's decision to give an instruction requiring the Government to prove that a "detectable" amount of cocaine was delivered, rather than McGeshick's requested instruction requiring the Government to prove that a "measurable" amount of cocaine...

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