UNITED STATES v. BACA

No. 73-1698.

494 F.2d 424 (1974)

The UNITED STATES of America, Plaintiff-Appellee, v. Eloy BACA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 1974.


Attorney(s) appearing for the Case

Harris L. Hartz, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty.), for plaintiff-appellee.

G. F. Linn, Denver, Colo., for defendant-appellant.

Before BREITENSTEIN, BARRETT and DOYLE, Circuit Judges.


BARRETT, Circuit Judge.

Eloy Baca appeals from the sentences imposed following jury verdicts of guilty to four counts of an indictment charging that he and two co-defendants did unlawfully, knowingly and intentionally possess with intent to distribute and did in fact distribute a quantity of heroin in violation of 21 U.S.C.A. § 841(a)(1) and 18 U.S.C.A. § 2.

Baca contends that the District Court erred in: (1) denying his Motion to Dismiss; (2) in...

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