U.S. v. COLE

No. 03-3140.

380 F.3d 422 (2004)

UNITED STATES of America, Appellee, v. Timmie Durrell COLE, Sr., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2004.


Attorney(s) appearing for the Case

Clemens A. Erdahl, argued, Cedar Rapids, Iowa, for appellant.

Richard D. Westphal, argued, Rock Island, Illinois, for appellee Asst. U.S. Attorney.

Before WOLLMAN, HEANEY, and MURPHY, Circuit Judges.


HEANEY, Circuit Judge.

Timmie D. Cole, Sr. was convicted of possession of crack cocaine with intent to distribute and conspiracy to distribute crack cocaine. He received a mandatory life sentence. On appeal, he challenges the sufficiency of the evidence to sustain his conviction for possession of crack with intent to distribute. He further argues that the district court erred by failing to grant a mistrial and in denying his request for a missing witness jury instruction...

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