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U.S. v. RUSH

Nos. 00-2557, 00-2765.

240 F.3d 729 (2001)

UNITED STATES of America, Appellee, v. Robert Earl Rush, Appellant. UNITED STATES of America, Appellant, v. Robert Earl Rush, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 19, 2001.

Attorney(s) appearing for the Case

Bruce W. Simon, Kansas City, Missouri, argued, for appellant.

Katharine Fincham, Asst. U.S. Atty., Kansas City, Missouri, argued, for appellee.

Before RICHARD S. ARNOLD, FAGG, and BOWMAN, Circuit Judges.

PER CURIAM.

Robert Earl Rush permitted others to manufacture methamphetamine in his garage in exchange for part of the proceeds, and supplied some of the precursor materials. A jury convicted him of conspiracy to manufacture and distribute methamphetamine, and aiding and abetting its manufacture. The district court sentenced Rush to 135 months in prison.

On appeal, Rush contends the district court committed error in allowing the Government to dismiss, on the...

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