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U.S. v. HERNANDEZ

No. 86-1339.

829 F.2d 988 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus John HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 22, 1987.

Attorney(s) appearing for the Case

Richard J. Banta and Richard N. Stuckey, Denver, Colo., for defendant-appellant.

William D. Welch, Asst. U.S. Atty., Mountain States Drug Task Force (Robert N. Miller, U.S. Atty., Dist. of Colorado, with him on the briefs), for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and SEYMOUR and BALDOCK, Circuit Judges.

BALDOCK, Circuit Judge.

Defendant was convicted in a jury trial of distribution of cocaine in violation of 21 U.S.C. § 841(a)(1) (Counts I, II, and III,) conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846 (Count IV), and management of a continuing criminal enterprise (CCE) in violation of 21 U.S.C. § 848 and 18 U.S.C. § 2 (Count VIII). Defendant was sentenced to fifteen years in prison on Count VIII; five years...

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