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U.S. v. McCLELLON

No. 08-3249.

578 F.3d 846 (2009)

UNITED STATES of America, Appellee, v. Robert Lee McCLELLON, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 27, 2009.

Attorney(s) appearing for the Case

Mark Meyer, argued, Cedar Rapids, IA, for appellant.

Richard D. Westphal, AUSA, argued, Davenport, IA, for appellee.

Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

SMITH, Circuit Judge.

Robert McClellon was convicted of possession with intent to distribute at least five grams of cocaine base, also known as "crack cocaine," in violation of 21 U.S.C. § § 841(a)(1) and (b)(1)(B) and sentenced to the statutory mandatory minimum of 120 months' imprisonment. On appeal, McClellon argues that (1) insufficient evidence exists to support the jury's finding that he possessed with intent to distribute at least five grams of crack...

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