COFFEY, Circuit Judge.
On August 20, 1999, a federal grand jury sitting in the Southern District of Illinois returned a three-count indictment charging Thomas Belwood with conspiracy to distribute and possession with intent to distribute marijuana (Count 1), in violation of 21 U.S.C. §§ 841(a)(1) & 846, and possession with intent to distribute marijuana (Count 3), in violation of 21 U.S.C. § 841(a)(1).
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