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U.S. v. DeBOER

No. 91-2013.

966 F.2d 1066 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Michael DeBOER, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided June 9, 1992.

Attorney(s) appearing for the Case

Richard S. Murray, Asst. U.S. Atty. (argued), John A. Smietanka, U.S. Atty., Office of the U.S. Atty., Grand Rapids, Mich., for U.S.

Norman C. Halbower (argued), Muskegon, Mich., for DeBoer.

Before: NELSON and BOGGS, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

KRUPANSKY, Senior Circuit Judge.

Appellant, Michael DeBoer (defendant), appealed the district court's judgment finding him guilty of one count of conspiracy to distribute and aid and abet in the distribution of Tussend, a Schedule III controlled substance pursuant to 21 U.S.C. § 846 and 21 U.S.C. § 841(a)(1).

On October 25, 1990, the grand jury indicted the defendant on one count of conspiracy to distribute the cough syrup Tussend, a Schedule III...

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