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U.S. v. BURKS

No. 97-2644.

135 F.3d 582 (1998)

UNITED STATES of America, Appellee, v. Darnell Lecato BURKS, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 2, 1998.

Rehearing and Suggestion for Rehearing Denied March 5, 1998.

Attorney(s) appearing for the Case

Luther Oneal Sutter, Little Rock, AR (argued), for Appellant.

Jana K. Harris, Assistant U.S. Attorney, Little Rock, AR (argued), for Appellee.

Before BOWMAN, FLOYD R. GIBSON, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied March 5, 1998.

BOWMAN, Circuit Judge.

A jury convicted Darnell Burks of attempted possession with intent to distribute cocaine. See 21 U.S.C. § § 846, 841(a)(1) (1994). Burks filed a Motion for Acquittal or Alternate Motion for New Trial. The District Court1 denied the motion. Burks appeals, claiming that the evidence was insufficient to allow a jury to conclude...

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