No. 00-3056.

275 F.3d 928 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Michael P. McELHINEY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 26, 2001.

Attorney(s) appearing for the Case

Stephen W. Kessler, Topeka, Kansas for the Defendant-Appellant.

Thomas G. Luedke, Assistant United States Attorney (Jackie N. Williams, United States Attorney, with him on the briefs), Topeka, Kansas, for the Plaintiff-Appellee.

Before KELLY, HOLLOWAY, and HENRY, Circuit Judges.

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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