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U.S. v. UNDERWOOD

No. 03-1543, 03-2716, 03-2901, 03-1982.

364 F.3d 956 (2004)

UNITED STATES of America, Plaintiff — Appellee, v. Bart Edward UNDERWOOD, Defendant — Appellant. United States of America, Plaintiff — Appellee/Cross-Appellant, v. Gayle Jean Steele, also known as Gayle Jean Gosnell, Defendant — Appellant/Cross-Appellee. United States of America, Plaintiff — Appellee, v. Duane Carl Carpenter, Defendant — Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 22, 2004.

Rehearing and Rehearing Denied June 1, 2004.

Attorney(s) appearing for the Case

Chip Lowe, argued, Urbandale, IA, for appellant Carpenter.

Keith E. Uhl, argued, Des Moines IA, for appellant Steele.

Paul D. Scott, argued, Des Moines, IA, for appellant Underwood.

Andrew H. Kahl, Asst. U.S. Atty., argued, Des Moines, IA (Shannon L. Olson and Richard L. Richards, Des Moines, IA, on the brief), for appellee.

Before MURPHY, HEANEY, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 1, 2004.*

MURPHY, Circuit Judge.

Bart Underwood, Gayle Steele, and Duane Carpenter were each convicted of conspiracy to manufacture methamphetamine. Carpenter was also convicted of manufacturing methamphetamine, endangering human life during the manufacture of methamphetamine, manufacturing methamphetamine within 1000 feet of a school, felon in possession of a firearm, possession of a...

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