No. 88-1151.

877 F.2d 1483 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge LEVARIO, a/k/a George Levario, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

June 21, 1989.

Attorney(s) appearing for the Case

William L. Lutz, U.S. Atty., (Larry Gomez, Asst. U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Larry Zinn of San Antonio, Tex., for defendant-appellant.

Before LOGAN, WRIGHT, and MOORE, Circuit Judges.

JOHN P. MOORE, Circuit Judge.

Defendant Jorge Levario asks this court to reverse his conviction of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846 and possession of cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Defendant contends there is insufficient evidence to support the jury's verdict. We agree as to the conspiracy conviction; thus, we reverse the trial court's denial of defendant's...

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