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U.S. v. SMITH

No. 90-2029.

929 F.2d 1453 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Ken SMITH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 18, 1991.

Attorney(s) appearing for the Case

David Williams, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and James D. Tierney, Asst. U.S. Atty., with him, on the brief), Albuquerque, N.M., for plaintiff-appellee.

Wendy E. York, Albuquerque, N.M., for defendant-appellant.

Before McKAY, TACHA, and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Ken Smith and two co-defendants, David Paul Gallegos 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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