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U.S. v. MORTON

No. 04-2548, 04-2549.

412 F.3d 901 (2005)

UNITED STATES of America, Appellee, v. Ralph Eugene MORTON, Appellant. United States of America, Appellee, v. Kenneth Lee Johnson, a.k.a. Kenneth Johnson, Jr., Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 17, 2005.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of appellant Morton was John C. Brink of Minneapolis, MN; arguing for appellant Johnson was Keith M. Ellison of Minneapolis, MN.

Counsel who presented argument on behalf of the appellee was John F. Docherty, AUSA, of Minneapolis, MN.

Before MORRIS SHEPPARD ARNOLD, BOWMAN, and GRUENDER, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Ralph Morton appeals his conviction on one count of conspiracy to distribute five grams or more of cocaine base (crack cocaine), see 21 U.S.C. §§ 841(a)(1), (b)(1)(B), 846. He argues that the district court's jury instructions constructively amended the indictment under which he was charged, that there was insufficient evidence to support his conviction, that the prosecution engaged in misconduct, and that the...

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