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U.S. v. WASHINGTON

Nos. 00-3942, 01-2351.

318 F.3d 845 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Earnest WASHINGTON, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Wendell E. Fortenberry, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 31, 2003.

Rehearing and Rehearing Denied: March 25, 2003.

Attorney(s) appearing for the Case

Howard A. Shalowitz, argued, St. Louis, MO, for appellant Washington.

Christopher E. McGraugh, argued, St. Louis, MO, for appellant Fortenberry.

Dean R. Hoag, Asst. U.S. Atty., argued, St. Louis, MO, for appellee.

Before BOWMAN, LAY, and JOHN R. GIBSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 25, 2003.

JOHN R. GIBSON, Circuit Judge.

Appellants Earnest Washington and Wendell Fortenberry were convicted in the district court1 after a seven-day jury trial. Washington was convicted of two counts involving conspiracy to distribute heroin under 21 U.S.C. § 846 and conspiracy to commit murder for hire under 18 U.S.C. § 1958(a). Fortenberry was convicted of three counts...

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