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U.S. v. OLGUIN

No. 05-1710.

428 F.3d 727 (2005)

UNITED STATES of America, Appellee, v. Rudolph Leopold OLGUIN, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 2, 2005.

Attorney(s) appearing for the Case

William A. Delaney, III, argued, AFPD, Sioux Falls, SD (Monica D. Thomas, AFPD, Rapid City, SD, on the brief), for appellant.

Mark A. Vargo, argued, AUSA, Rapid City, SD, for Appellee.

Before ARNOLD, BOWMAN, and MURPHY, Circuit Judges.

BOWMAN, Circuit Judge.

Rudolph Olguin was convicted by a jury of distributing a controlled substance, Oxycodone, in violation of 21 U.S.C. § 841(a)(1) (2000). He appeals his conviction, arguing that the District Court1 erred in instructing the jury and in failing to grant his motion for acquittal. We affirm.

Olguin suffers from neuropathy and takes doctor-prescribed Oxycodone to control...

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