CONWAY, District Judge.
After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.Civ.P. 34(a); 10th Cir.R. 34.1.9. Therefore, the case is ordered submitted without oral argument.
Defendant-Appellant Crescenciano M. Pena was convicted by a jury of possession with intent to distribute cocaine, in violation of 21 U.S.C. § 841(a...
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