U.S. v. DAVIS

No. 89-1086.

900 F.2d 1524 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Duvalier Antonio DAVIS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied May 23, 1990.


Attorney(s) appearing for the Case

William D. Welch, Asst. U.S. Atty. (Michael J. Norton, U.S. Atty. and Kathryn Meyer, Asst. U.S. Atty., with him on the brief), Denver, Colo., for plaintiff-appellee.

Philip A. Cherner of Stayton & Brennan, Denver, Colo., for defendant-appellant.

Before McKAY, ANDERSON, and BRORBY, Circuit Judges.


BRORBY, Circuit Judge.

Duvalier Antonio Davis appeals the judgment and sentence entered against him following his plea of guilty to possession with intent to distribute a schedule II controlled substance, crack cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(A). Vol. I tab 28. On appeal, Davis argues: (1) the trial court abused its discretion in refusing to permit a conditional plea; (2) the trial court erred in denying the defendant's motion...

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