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U.S. v. WHITAKER

Nos. 95-3809 & 96-1352.

127 F.3d 595 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Frank R. WHITAKER, also known as Gator, and Gary D. Frost, also known as Frosty, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 8, 1997.

Attorney(s) appearing for the Case

Kit R. Morrissey (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Harvey M. Silets, James M. Witz (argued), Katten, Muchin & Zavis, Chicago, IL, for Defendant-Appellant.

Before BAUER, WOOD, JR., and MANION, Circuit Judges.

BAUER, Circuit Judge.

Frank Whitaker was charged in Counts One and Four of a four-count superseding indictment. Count One charged Whitaker with conspiring to distribute marijuana in violation of 21 U.S.C. § 846 and Count Four alleged that the United States was entitled to forfeiture pursuant to 21 U.S.C. §§ 841(a)(1), 846, and 853. A jury found Whitaker guilty on Count One. He waived trial by jury as to the Count Four forfeiture charge and the district...

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