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U.S. v. APODACA

No. 85-1532.

820 F.2d 348 (1987)

The UNITED STATES of America, Plaintiff-Appellee, v. Tom Richard APODACA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 8, 1987.

Attorney(s) appearing for the Case

Kathy P. Bonham of Bonham & Peake, Denver, Colo., for defendant-appellant.

William D. Welch (Robert N. Miller, U.S. Atty., David J. Thomas, John O. Martin, and Dawn Bowen, Asst. U.S. Attys., with him, on the brief), Denver, Colo., for plaintiff-appellee.

Before LOGAN, ANDERSON, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Tom Richard Apodaca was jointly charged, along with 44 other defendants, in one indictment with possession of a controlled substance with an intent to distribute and with conspiracy to distribute a controlled substance in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The indictment was later dismissed as to Apodaca, who then pled guilty to an information charging him in a first...

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