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U.S. v. JOHNSON

Nos. 92-3777, 92-3778.

12 F.3d 760 (1994)

UNITED STATES of America, Appellee, v. Jeffrey JOHNSON, Appellant. UNITED STATES of America, Appellee, v. Thomas ASH, also known as Rhymale Butler, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 21, 1993.

Rehearing Denied February 4, 1994.

Rehearing and Suggestion for Rehearing Denied February 23, 1994.

Attorney(s) appearing for the Case

William L. Gavras, St. Louis, MO, for Jeffrey Johnson.

Frank R. Fabbri, III, St. Louis, MO, for Thomas Ash.

Sam C. Bertolet, Asst. U.S. Atty., St. Louis, MO, argued (Kenneth R. Tihen, Asst. U.S. Atty., on the brief), for appellee.

Before McMILLIAN, WOLLMAN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing Denied in No. 92-3777 February 4, 1994.

Rehearing and Suggestion for Rehearing En Banc Denied in No. 92-3778 February 23, 1994.

WOLLMAN, Circuit Judge.

In these consolidated appeals, Thomas Ash and Jeffrey Johnson appeal from their convictions for conspiring to attempt to possess with intent to distribute in excess of fifty grams of a substance containing cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(iii), and...

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