UNITED STATES v. DELAGARZA

No. 80-1744.

650 F.2d 1166 (1981)

UNITED STATES of America, Plaintiff-Appellee, v. Floreal DELAGARZA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 2, 1981.

Rehearing Denied April 9, 1981.

Certiorari Denied June 8, 1981.


Attorney(s) appearing for the Case

John C. Humpage of Humpage, Berger & Hoffman, Topeka, Kan., for defendant-appellant.

John O. Martin, Asst. U. S. Atty., James P. Buchele, U. S. Atty., with him on brief, Kansas City, Kansas, for plaintiff-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.


Certiorari Denied June 8, 1981. See 101 S.Ct. 3053.

PER CURIAM.

Floreal Delagarza appeals from a conviction by a jury of possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841. On appeal he raises two issues: (1) whether the court erred in granting the government's motion to dismiss Count I of the indictment without dismissing Count II, and (2) whether defendant's conviction under a count referring to "cocaine, a Schedule II,...

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