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U.S. v. GUTIERREZ

No. 90-50204.

990 F.2d 472 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Felipe GUTIERREZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 1, 1993.

Attorney(s) appearing for the Case

Joseph T. Vodnoy, Los Angeles, CA, for defendant-appellant.

Sally L. Meloch, Asst. U.S. Atty., Los Angeles, CA, for plaintiff-appellee.

Before: D.W. NELSON, HALL and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Felipe Gutierrez was convicted of possession with intent to distribute approximately 243 grams of cocaine within 1000 feet of a school in violation of 21 U.S.C. §§ 841(a)(1) & 860 (formerly § 845a). Gutierrez appeals the district court's failure to grant his motion to dismiss for selective prosecution, and its failure to instruct the jury on the lesser included offense of simple possession. We have jurisdiction under 28 U.S...

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