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U.S. v. STRAYER

No. 87-1903.

846 F.2d 1262 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy Paul STRAYER, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 19, 1988.

Attorney(s) appearing for the Case

Michael E. Vigil of Marchiondo, Vigil & Voegler, Albuquerque, N.M., for defendant-appellant.

Robert J. Gorence, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Presiliano A. Torrez and Joe M. Romero, Jr., Asst. U.S. Attys., with him on the brief), Dist. of New Mexico, for plaintiff-appellee.

Before SEYMOUR and SETH, Circuit Judges, and O'CONNOR, District Judge.

EARL E. O'CONNOR, District Judge.

Defendant Timothy Paul Strayer appeals from an amended judgment of conviction and sentence entered on June 17, 1987, in the United States District Court for the District of New Mexico. Strayer presents two issues on appeal. First, he contends that the district court erred in refusing to dismiss the indictment on which he plead guilty when a prior indictment containing substantially similar...

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