U.S. v. MOLINA-CUARTAS

No. 90-2292.

952 F.2d 345 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Leonardo MOLINA-CUARTAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 20, 1991.


Attorney(s) appearing for the Case

Submitted on the briefs:*

William L. Lutz, U.S. Atty., and Louis E. Valencia, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Richard C. Cauble, Las Cruces, N.M., for defendant-appellant.

Before HOLLOWAY and BRORBY, Circuit Judges, and KANE, District Judge.


BRORBY, Circuit Judge.

Mr. Molina-Cuartas (Defendant) appeals his criminal sentence alleging the trial court erred by using unreliable information for sentencing purposes. All issues revolve around the weight of the contraband. We hold the sentencing court's finding of weight was supported by a preponderance of the evidence and affirm.

Defendant pleaded guilty to possession with intent to distribute less than fifty kilograms of marijuana and aiding and abetting...

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