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U.S. v. PEREZ

No. 90-4141.

963 F.2d 314 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Javier PEREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 5, 1992.

Attorney(s) appearing for the Case

Wayne T. Dance, Asst. U.S. Atty. (Paul Warner, United States Attorney, with him on the brief), Salt Lake City, Utah, for plaintiff-appellee.

John A. Wetteland, Jr., Atty., Portland, Or., for defendant-appellant.

Before MOORE, Circuit Judge, and ALDISERT and McWILLIAMS, Senior Circuit Judges.

McWILLIAMS, Senior Circuit Judge.

Jose Javier Perez was charged in the first count of a two-count indictment with knowingly possessing on January 11, 1990, 100 grams or more of a mixture containing heroin, a Schedule I controlled substance, with an intent to distribute it, in violation of 21 U.S.C. § 841(a)(1). In a second count Perez was charged with knowingly possessing on January 11, 1990, 500 grams or more of a mixture containing cocaine, a Schedule II controlled...

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