U.S. v. BARBEE

Nos. 90-2131, 90-2132, 90-2137.

968 F.2d 1026 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Gary Ray BARBEE and Juanita Elizabeth Barbee, also known as Juanita Elizabeth Lopez-Ayon, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

July 1, 1992.


Attorney(s) appearing for the Case

Presiliano Torrez, Asst. U.S. Atty. (William L. Lutz, U.S. Atty., and Tara C. Neda, Asst. U.S. Atty., on the brief), Albuquerque, N.M., for plaintiff-appellee.

Charles Louis Roberts, El Paso, Tex., for defendants-appellants.

Before LOGAN and BRORBY, Circuit Judges, and CARRIGAN, District Judge.


LOGAN, Circuit Judge.

Defendants Gary Barbee and Juanita Barbee appeal their convictions, following a jury trial, for possession with intent to distribute less than 500 grams of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C), and two counts of carrying or use of a firearm during a drug trafficking transaction, in violation of 18 U.S.C. § 924(c)(1).

On appeal defendants contend that the district court erred in (1) denying defendants...

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