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U.S. v. DURHAM

No. 98-1281.

211 F.3d 437 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Marcus C. DURHAM, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 1, 2000.

Attorney(s) appearing for the Case

Robert L. Garrison (argued), Office of the U.S. Attorney, Criminal Division, Fairview Heights, IL, for plaintiff-appellee.

DeAnna D. Allen (argued), Mayer, Brown & Platt, Chicago, IL, for defendant-appellant.

Before POSNER, Chief Judge, and COFFEY and MANION, Circuit Judges.

COFFEY, Circuit Judge.

On January 22, 1997, a federal grand jury returned a one-count superceding indictment charging Defendant-Appellant Marcus Durham ("Durham") with conspiring to distribute and possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), 846.1 After two mistrials resulting from hung juries, the third trial commenced on October 21, 1997, and two days later, the jury returned...

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