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U.S. v. BUCKLEY

No. 06-4092.

525 F.3d 629 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Maurice BUCKLEY, Jr., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 12, 2008.

Attorney(s) appearing for the Case

Michael David Gooch, argued, Omaha, NE, for appellant.

Susan T. Lehr, argued, Omaha, NE (Joe W. Stecher, AUSA, on the brief), for appellee.

Before LOKEN, Chief Judge, WOLLMAN and SHEPHERD, Circuit Judges.

LOKEN, Chief Judge.

A jury convicted Maurice Buckley, Jr., of conspiring to distribute fifty grams or more of a substance containing cocaine base in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1), and 846. Buckley appeals, arguing the evidence was insufficient, he was prejudiced by a variance between the single conspiracy charged in the indictment and the multiple conspiracies proved at trial, and the district court1 abused its...

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