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U.S. v. APODACA

No. 86-1366.

843 F.2d 421 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Alfred Lee APODACA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

As Amended June 24, 1988.

Order on Denial of Rehearing June 24, 1988.

Attorney(s) appearing for the Case

Robert Justin Driscoll, Denver, Colo., for defendant-appellant.

Richard A. Stacy, U.S. Atty. (David A. Kern, Asst. U.S. Atty., with him on the brief), Cheyenne, Wyo., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SEYMOUR, Circuit Judge, and SAFFELS, District Judge.

SEYMOUR, Circuit Judge.

Alfred Lee Apodaca was convicted of engaging in a continuing criminal enterprise (CCE), in violation of 21 U.S.C. § 848 (1982); use of a communication facility in connection with the commission of a felony, in violation of 21 U.S.C. § 843(b) (1982); and unlawful possession of a firearm, in violation of 18 U.S.C.App. § 1202(a)(1) (1982). With respect to the continuing criminal enterprise conviction, Apodaca argues that (1) the...

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