U.S. v. MONTOYA

No. 91-1369.

952 F.2d 226 (1991)

UNITED STATES of America, Appellee, v. Gilberto MONTOYA, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided December 26, 1991.


Attorney(s) appearing for the Case

Steven M. Watson, Omaha, Neb., argued, for appellant.

Donald L. Schense, Omaha, Neb., for appellee.

Before FAGG, BOWMAN and LOKEN, Circuit Judges.


LOKEN, Circuit Judge.

Gilberto Montoya appeals his conviction and sentence for conspiring to distribute and distributing cocaine. He contends that the government's failure to disclose in discovery payments to a prosecution witness warrants a new trial, and that marijuana he negotiated to buy in an unrelated transaction should not have been included in determining his offense level for sentencing purposes. We affirm Montoya's conviction, but remand for resentencing...

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