HENRY, Circuit Judge.
Michael P. McElhiney was indicted by a federal grand jury of conspiracy to distribute and possess heroin with the intent to distribute it, a violation of 21 U.S.C. §§ 846 and 841(b)(1)(C). The conspiracy charge was based on Mr. McElhiney's alleged involvement in a drug smuggling operation in the Leavenworth, Kansas federal penitentiary between January and September 1995. In July 1999, a jury trial was held, during which Mr. McElhiney...
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