U.S. v. BARRERA

No. 87-1230.

843 F.2d 1576 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. David BARRERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 7, 1988.


Attorney(s) appearing for the Case

Alan F. Zvolanek, Albuquerque, N.M., for defendant-appellant.

Presiliano A. Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and James D. Tierney, Asst. U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, SETH and McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

David Barrera, the appellant, and two others, Michael L. Murray and Ernesto Michael Martinez, were jointly charged in the first count of a two-count indictment with unlawfully possessing methamphetamine, a Schedule II controlled substance, with an intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. In the second count, the same three were charged with unlawfully manufacturing methamphetamine in violation...

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