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U.S. v. BLAKEY

No. 05-3856.

449 F.3d 866 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Darryl Joe BLAKEY, also known as "Big Daddy," Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 8, 2006.

Attorney(s) appearing for the Case

Patrick M. Schroeder, argued, Sioux Falls, SD, for appellant.

Mark E. Salter, argued, Asst. U.S. Attorney, Sioux Falls, SD (John E. Haak, Asst. U.S. Attorney, Sioux Falls, on the brief), for appellee.

Before COLLOTON, JOHN R. GIBSON, and GRUENDER, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Darryl Blakey appeals from his conviction after jury trial of conspiracy to possess 50 grams or more of cocaine base with intent to distribute it and possession with intent to distribute the same amount of cocaine base. On appeal he argues that the district court1 should have granted his motion to acquit because the evidence was insufficient to prove that he knew of or controlled the cocaine base found in...

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