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092892P.pdf   09/03/2010  United States  v.  James McGilberry, Jr.
   U.S. Court of Appeals Case No:  09-2892
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Smith, Author, with Wollman and Colloton, Circuit
   Judges]
   Criminal case - criminal law. Evidence was sufficient to support
   defendant's conviction for conspiring to distribute marijuana; the
   government proved a single conspiracy as alleged in the indictment, and
   there was no variance between the indictment and the proof; admission of
   evidence that defendant was holding three ounces of marijuana and a
   large sum of cash at the time of his arrest did not violate Rule 404(b).