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U.S. v. MARSHALL

No. 88-30051.

706 F.Supp. 650 (1989)

UNITED STATES of America, Plaintiff, v. Stanley J. MARSHALL, Defendant.

United States District Court, C.D. Illinois, Springfield Division.

March 1, 1989.

Attorney(s) appearing for the Case

Byron G. Cudmore, Asst. U.S. Atty., Springfield, Ill., for plaintiff.

Burton H. Shostak, St. Louis, Mo., for defendant.

OPINION

RICHARD MILLS, District Judge:

Here, the Court must determine whether the blotter paper upon which chemical LSD is sprayed is to be included in calculating the drug's weight.

If so, then the amount far exceeds the ten grams required to kick in the enhanced sentencing provision, whereas if not, no enhanced sentencing provision applies.

The only real issue presented to the Court by this stipulated bench trial is whether Defendant distributed...

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