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UNITED STATES v. McCLURE

Nos. 83-1525, 83-1547.

734 F.2d 484 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Walter H. McCLURE and Anthony Tafoya, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

May 9, 1984.

Attorney(s) appearing for the Case

William L. Lutz, U.S. Atty., Albuquerque, N.M. (Larry Gomez, Asst. U.S. Atty., Albuquerque, N.M., with him on briefs), for plaintiff-appellee.

Sarah Michael Singleton, Santa Fe, N.M. (John Higgins of Higgins & Lee, Albuquerque, N.M., with her on brief), for defendant-appellant McClure.

Martha A. Daly, Santa Fe, N.M., and Timothy M. Padilla, Albuquerque, N.M. (Michael Alarid, Jr., Albuquerque, N.M., with him on brief), for defendant-appellant Tafoya.

Before SETH, Chief Judge, and BARRETT and McKAY, Circuit Judges.

BARRETT, Circuit Judge.

Walter H. McClure (McClure) and Anthony Tafoya (Tafoya) appeal from a judgment entered upon a jury verdict by the United States District Court for the District of New Mexico. The jury found both men guilty of possession of cocaine with the intent to distribute, and of distribution of cocaine, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. A review of the necessary facts will facilitate our consideration of this appeal.<...

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