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U.S. v. QUAINTANCE

Nos. 09-2013, 09-2014.

608 F.3d 717 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Danuel Dean QUAINTANCE and Mary Helen Quaintance, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 28, 2010.

Attorney(s) appearing for the Case

Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant Danuel Dean Quaintance.

John F. Robbenhaar, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant Mary Helen Quaintance.

Terri J. Abernathy, Assistant United State Attorney (Gregory J. Fouratt, United States Attorney, with her on the briefs), Las Cruces, NM, for Plaintiff-Appellee.

Before HENRY, EBEL, and GORSUCH, Circuit Judges.

ORDER

NEIL M. GORSUCH, Circuit Judge.

Danuel and Mary Quaintance responded to their indictment for conspiracy and possession with intent to distribute marijuana with a motion to dismiss. They didn't deny their involvement with the drug, but countered that they are the founding members of the Church of Cognizance, which teaches that marijuana is a deity and sacrament. As a result, they submitted, any prosecution of them is precluded by the Religious Freedom...

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