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U.S. v. BECKMAN

Nos. 99-2975, 99-2978.

222 F.3d 512 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce A. BECKMAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Thomas Kelly, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed August 2, 2000.

Attorney(s) appearing for the Case

Bruce H. Ellison, Rapid City, SD, for appellant Beckman.

Timothy J. Rensch, Rapid City, SD, for appellant Kelly.

Mark A. Vargo, Rapid City, SD, for appellee.

Before RICHARD S. ARNOLD, LAY, and BEAM, Circuit Judges.

LAY, Circuit Judge.

I. FACTUAL AND PROCEDURAL BACKGROUND

On January 16, 1997, Bruce A. Beckman and Thomas Kelly, along with six other defendants, were charged by indictment with Conspiracy to Distribute a Controlled Substance, in violation of 21 U.S.C. §§ 841(a)(1) and 846. On March 13, 1997, these same individuals were charged by Superseding Indictment, altering the time frame but not the crimes charged. Prior to trial, a number of the defendants...

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