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U.S. v. EXSON

No. 02-2853.

328 F.3d 456 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Jerold EXSON, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2003.

Rehearing and Rehearing Denied: June 17, 2003.

Attorney(s) appearing for the Case

James H. Carter, argued, Cedar Rapids, IA, for appellant.

Patrick J. Reinert, argued, Asst. U.S. Atty., Cedar Rapids, IA, for appellee.

Before WOLLMAN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

Rehearing and Rehearing En Banc Denied: June 17, 2003*.

MURPHY, Circuit Judge.

Jerold Exson was convicted by a jury of distributing five grams or more of crack cocaine within 1000 feet of a private college and pled guilty to a second charge of failure to appear. Exson filed a post trial motion, and the district court1 concluded that the government had not established that his drug offense occurred within...

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