United States v. Joseph P. Balano, Also Known as Joe Pat
Court of Appeals for the Eighth Circuit
1Opinion of the Court
MORRIS SHEPPARD ARNOLD, Circuit Judge.
In mid-1992, Joseph Patrick Balano was tried in federal court on two counts of drug-related charges — conspiracy to distribute more than five kilograms of cocaine in early 1991, and distribution of one ounce (approximately 28 grams) of cocaine in December, 1991. A jury acquitted him on the conspiracy count and convicted him on the distribution count.
At sentencing, the trial court found that the evidence was clear and convincing that Mr. Balano had participated in the conspiracy charged. 813 F.Supp. 1423. The trial court also held, however, that Mr.…
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