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U.S. v. DUKES

Nos. 97-3813, 97-4047.

147 F.3d 1033 (1998)

UNITED STATES of America, Appellee, v. Romaine DUKES, Appellant. UNITED STATES of America, Appellant, v. Adolphus Archibald MULLINGS, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 16, 1998.

Rehearing and Suggestion for Rehearing Denied August 24, 1998.

Attorney(s) appearing for the Case

Dean Stowers, Des Moines, IA, argued, for Appellant Dukes.

Clifford R. Cronk, III, Asst. U.S. Atty., Rock Island, IL, argued, for U.S.

James F. Whalen, Des Moines, IA, argued, for Appellee Mullings.

Before FAGG, BRIGHT, and BEAM, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied August 24, 1998.

BEAM, Circuit Judge.

Romaine Dukes and Adolphus Archibald Mullings were named in a superseding indictment charging them with several drug crimes. Mullings was charged as follows: count 1 — conspiracy to distribute and possess with intent to distribute cocaine base in violation of 21 U.S.C. § 846, and counts 2 through 7 — distribution of Schedule II controlled substance...

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