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U.S. v. MOORE

Nos. 95-4109, 95-4143.

98 F.3d 347 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Andre N. MOORE, Defendant — Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Larry JONES, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided October 10, 1996.

Rehearing and Suggestion for Rehearing Denied November 26, 1996.

Attorney(s) appearing for the Case

Stuart J. Dornan, argued, Omaha, NE, for appellant, Moore.

Fredilyn Sison, argued, Omaha, NE (David R. Stickman, on the brief), for appellant, Jones.

Michael P. Norris, argued, Omaha, NE (Thomas J. Monaghan, on the brief), for appellee.

Before McMILLIAN, FAGG, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied in No. 95-4109 November 26, 1996.

LOKEN, Circuit Judge.

Andre N. Moore and Larry Jones appeal their convictions and sentences for possession with intent to distribute more than fifty grams of cocaine base within one thousand feet of a school zone in violation of 21 U.S.C. §§ 841(a)(1) and 860(a). The principal issue on appeal is whether the district court1 erred by...

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