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UNITED STATES v. RIVERA

No. 85-1081.

778 F.2d 591 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Billy RIVERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 5, 1985.

Attorney(s) appearing for the Case

Peter Schoenburg, Asst. Federal Public Defender, Albuquerque, N.M., for defendant-appellant.

Presiliano Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Larry Gomez, Asst. U.S. Atty., Albuquerque, N.M., were also on brief) for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and MOORE, Circuit Judge, and CROW, District Judge

HOLLOWAY, Chief Judge.

In this criminal action defendant Billy Rivera was convicted of possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, intentional distribution of cocaine, 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2, and unlawful, knowing or intentional use of a telephone to facilitate distribution of cocaine, 21 U.S.C. § 843(b). At trial, defendant admitted he committed each of the acts alleged in the...

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