No. 87-1976.

877 F.2d 1470 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Corky NUNEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 20, 1989.

Attorney(s) appearing for the Case

Frances Smylie Brown, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, Colo., for defendant-appellant.

William D. Welch and Kathryn Meyer, Asst. U.S. Attys. (Michael J. Norton, Acting United States Attorney, D. Colo., with them on the brief), Mountain States Drug Task Force, Denver, Colo., for plaintiff-appellee.

Before McKAY and McWILLIAMS, Circuit Judges, and BROWN, District Judge.

McWILLIAMS, Circuit Judge.

In a thirty-three count superseding indictment, Corky Nunez and nineteen other defendants were charged with various drug offenses. Specifically, all defendants were charged in Count 1 with conspiring among themselves, and with others, from June, 1984, to June 11, 1986, to distribute heroin and to possess heroin with an intent to distribute, in violation of 21 U.S.C. § 841(a)(1). In Count 7 Corky Nunez and his brother, Charles Nunez...

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