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U.S. v. MILLER

No. 94-8079.

111 F.3d 747 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Richard Dean MILLER, Defendant-Appellant,

United States Court of Appeals, Tenth Circuit.

April 15, 1997.

Attorney(s) appearing for the Case

Ronald G. Pretty, Cheyenne, WY, for Defendant-Appellant.

Patrick J. Crank, Assistant United States Attorney (David D. Freudenthal, United States Attorney, with him on the brief), Casper, WY, for Plaintiff-Appellee.

Before SEYMOUR, Chief Judge, BARRETT, Circuit Judge, and KERN, District Judge.

SEYMOUR, Chief Judge.

Richard Dean Miller was indicted in the District of Wyoming, tried before a jury, and convicted of conspiracy to possess methamphetamine with intent to distribute in violation of 21 U.S.C. §§ 841, 846. On appeal, Mr. Miller asserts as error the trial court's failure to instruct the jury on the element of venue.1 For the reasons set out below, we reverse.

I.

The indictment charged Mr. Miller...

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