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U.S. v. BELL

Nos. 88-1396, 88-1585.

892 F.2d 959 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Sidney R. BELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Scott J. ZIEBARTH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 22, 1989.

Attorney(s) appearing for the Case

Kenneth R. Brown, Salt Lake City, Utah, for defendant-appellant Sidney R. Bell.

Ronald J. Yengich, Yengich, Rich, Xaiz & Metos, Salt Lake City, Utah, for defendant-appellant Scott J. Ziebarth.

Bruce C. Lubeck, Asst. U.S. Atty., Salt Lake City, Utah (Brent D. Ward, U.S. Atty., Salt Lake City, Utah, was also on the brief), for plaintiff-appellee U.S.

Before HOLLOWAY, Chief Judge, BARRETT and EBEL, Circuit Judges.

HOLLOWAY, Chief Judge.

These cases were companioned on appeal. Both defendants were found guilty by the court after waiving their rights to a jury trial. The trial court found defendant Scott Ziebarth (Ziebarth) guilty of possession with intent to distribute cocaine, a violation of 21 U.S.C. § 841(a)(1) (1982). Defendant Sidney Bell (Bell) was found guilty of attempt to possess with intent to distribute cocaine, a violation of 21 U.S.C. § 841(a)(1) and 846...

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