No. 87-1658.

877 F.2d 831 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Kevin L. HOFFMAN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied July 7, 1989.

Attorney(s) appearing for the Case

Kevin L. Hoffman, Sandstone, Minn., pro se.

Brent D. Ward, U.S. Atty., and Wayne T. Dance, Asst. U.S. Atty., Salt Lake City, Utah, for plaintiff-appellee.

Before LOGAN, BALDOCK and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

A jury convicted Kevin L. Hoffman on Count 1 of conspiracy (21 U.S.C. § 846) and on Count 36 of aiding and abetting Scott Nichols to travel from Utah to California on May 16, 1986, in aid of an unlawful activity, namely, to obtain cocaine from Hoffman in California and, thereafter, bring the cocaine to Utah for distribution (18 U.S.C. § 1952 and 18 U.S.C. § 2).1 Hoffman was sentenced to seven years...

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