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U.S. v. GONZALES

No. 89-2295.

930 F.2d 795 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Cerbando GONZALES, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 11, 1991.

Attorney(s) appearing for the Case

Submitted on the briefs:*

William L. Lutz, U.S. Atty., and Stephen R. Kotz, Asst. U.S. Atty., Albuquerque, N.M., for plaintiff-appellee.

William D. Fry, Asst. Federal Public Defender, Las Cruces, N.M., for defendant-appellant.

Before BRORBY and McWILLIAMS, Circuit Judges, and SPARR, District Judge.

McWILLIAMS, Circuit Judge.

Cerbando Gonzales and four others were charged in a three-count indictment filed on June 16, 1989, as follows: In Count I all five defendants were charged with conspiring from December 17, 1988, to May 12, 1989, to possess with an intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. § 846 and 18 U.S.C. § 2; in Count II Gonzales and two other defendants were charged with possessing with an intent to...

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