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U.S. v. KIRK

No. 07-3215.

528 F.3d 1102 (2008)

UNITED STATES of America, Appellee, v. Alexander KIRK, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 19, 2008.

Attorney(s) appearing for the Case

Murray W. Bell, argued, Davenport, IA, for appellant.

Shannon Leigh Olson, argued, Melisa Zaehringer, Special AUSA, on the brief, Des Moines, IA, for appellee.

Before GRUENDER, BALDOCK, and BENTON, Circuit Judges.

BALDOCK, Circuit Judge.

A grand jury issued a five count indictment charging Defendant Alexander Kirk with: (1) distributing marijuana, on or about February 10, 2006, in violation of 21 U.S.C. § 841(a)(1); (2) using a firearm during and in relation to a drug trafficking crime, on or about February 10, 2006, in violation of 18 U.S.C. § 924(c); (3) possessing marijuana with the intent to distribute on or about April...

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