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U.S. v. GALLEGOS

No. 90-2006.

922 F.2d 630 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. David Paul GALLEGOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

January 7, 1991.

Attorney(s) appearing for the Case

Submitted on the briefs:*

William L. Lutz, U.S. Atty., and James D. Tierney, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

Chris Key and Macon McCrossen, Albuquerque, N.M., for defendant-appellant.

Before McKAY, TACHA, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

David Paul Gallegos and two co-defendants, Ken Smith and Albert Mirabal, were charged in the first count of a two-count indictment in the United States District Court for the District of New Mexico with conspiring from April 29, 1989, to May 18, 1989, to possess with an intent to distribute more than 100 kilograms of marijuana, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 846, and 18 U.S.C. § 2. In the second count...

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