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U.S. v. MARSHALL

No. 95-1826.

109 F.3d 94 (1997)

UNITED STATES of America, Appellee, v. Richard MARSHALL, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 31, 1997.

Attorney(s) appearing for the Case

Gordon D. Fox, Providence, RI, with whom David A. Cooper and Cooper & Sanchez were on brief, for defendant, appellant.

Craig N. Moore, Assistant United States Attorney, Providence, RI, with whom Sheldon Whitehouse, United States Attorney, and Zechariah Chafee, Assistant United States Attorney, were on brief, for appellee.

Before LYNCH, Circuit Judge, ALDRICH and BOWNES, Senior Circuit Judges.

LYNCH, Circuit Judge.

The Providence police arrested Richard Marshall and another individual in a Rhode Island hotel room for possession of heroin with intent to distribute and conspiring to do the same. Initially, Marshall was acquitted on the conspiracy count, but the jury deadlocked on the possession with intent charge. A second trial, limited to the charge of possession with intent, resulted in a guilty verdict. Marshall...

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