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RULING STANDS AGAINST HIP HOP HIPPIES OWNER

A federal appeals court has upheld a drug paraphernalia conviction against a man who said smoking accessories he sold from his Gillette store weren't intended for smoking marijuana.

A federal jury found Jeffrey Wayne Doles guilty last year of three felony counts of selling drug paraphernalia.  A judge sentenced Doles to three years in prison.

Police raided Doles' store, Hip Hop Hippies, soon after it opened in 2005 but a state jury acquitted Doles of drug paraphernalia charges.

In appealing his federal conviction, Doles argued that the federal jury should have been told about his earlier acquittal in state court.  The 10th U.S.  Court of Appeals in Denver disagreed, saying that wasn't necessary and would have been confusing.

In December, Doles became a fugitive after he didn't show up to serve his federal sentence.  He was captured in April after calling The Associated Press to proclaim his innocence.

In May, Doles was indicted on a felony count of knowingly failing to surrender for the service of his sentence.  If convicted, he could serve an additional two years in federal prison.

Doles attorney, Megan Hayes, could not immediately be reached for comment.