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U.S. v. ROSSO

Nos. 98-2953, 98-4109.

179 F.3d 1102 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Joseph ROSSO, Jr., Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Gary S. Wainwright, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided June 17, 1999.

Attorney(s) appearing for the Case

John Wesley Hall, Jr., Little Rock, AR, argued, for Appellants.

Steven N. Snyder, Assistant U.S. Attorney, Fort Smith, AR, argued (P.K. Holmes, III, on the brief), for Appellee in No. 98-2953. Jana K. Harris, Little Rock, AR, argued (Paul J. Casey, Brnet Bumpers and Julie Zamacona, on the brief), for Appellee in No. 98-4109.

Before WOLLMAN, Chief Judge, BEAM and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

In these two criminal cases the appellants raised an identical challenge to the Eighth Circuit Model Jury Instruction on reasonable doubt, and the cases were consolidated for hearing. Appellant Robert Joseph Rosso, Jr. was convicted of conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1), and he was sentenced to life imprisonment without release.1 Appellant Gary S. Wainwright was convicted...

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