Court of Appeals for the Seventh Circuit August 17, 1990, 89-1393 (United States v. Mark S. Ely)

KANNE, Circuit Judge.

The July 1988 Grand Jury returned a three-count indictment against defendant Mark Ely. Count One charged Ely with conspiring to distribute cocaine (in violation of 21 U.S.C. §§ 841(a)(1) and 846) by regularly receiving cocaine from James Brill for distribution to others. Counts Two and Three charged Ely with committing perjury (in violation of 18 U.S.C.