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U.S. v. OCHOA-FABIAN

No. 89-2283.

935 F.2d 1139 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus OCHOA-FABIAN, a/k/a Jose Jesus Fabian-Ochoa, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 23, 1991.

Attorney(s) appearing for the Case

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

James Murphy, Asst. U.S. Atty., (Rhonda P. Backinoff, Asst. U.S. Atty. and William L. Lutz, U.S. Atty., with him on the brief), Albuquerque, N.M., for plaintiff-appellee.

Before BALDOCK and BRORBY, Circuit Judges, and FINESILVER, District Judge.

SHERMAN G. FINESILVER, Chief Judge.

The appellant, Jesus Ochoa-Fabian, appeals his conviction and prison sentence on a one-count indictment for unlawfully and intentionally possessing with the intent to distribute more than 100 kilograms of marijuana, a schedule I controlled substance, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B) and 18 U.S.C. § 2. Appellant argues that his conviction was the result of an improper jury instruction. He also...

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