Court of Appeals for the Eighth Circuit January 18, 1977, 76-1363, 76-1395 (United States v. Donald Laverne Carlson, United States of America v. Gary Clarend Hofstad)

GIBSON, Chief Judge.

Defendants, Donald Carlson and Gary Hofstad, appeal their convictions on three counts of violating 21 U.S.C. § 841(a)(1) (1970). Carlson, Hofstad and their co-defendant, Wayne Dahl, were charged in a five-count indictment of participating in a cocaine distribution scheme. Count I of the indictment charged Carlson with distributing cocaine on July 25, 1975.