No. 13-1812.

735 F.3d 1054 (2013)

UNITED STATES of America, Plaintiff-Appellee v. Robert Joseph JANGULA, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 21, 2013.

Attorney(s) appearing for the Case

Justin Vinje of Bismarck , ND, for appellant.

Julie Lawyer , AUSA, of Bismarck, ND, for appellee.

Before LOKEN, COLLOTON, and BENTON, Circuit Judges.

LOKEN, Circuit Judge.

A jury convicted Robert Joseph Jangula of conspiracy to distribute or possess with intent to distribute marijuana in violation of 21 U.S.C. §§ 841 and 846. Jangula appeals his conviction, arguing the district court1 erred by refusing to instruct the jury on the lesser included offense of conspiracy to possess marijuana. Concluding there was no trial evidence that...

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