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U.S. v. SMITH

No. 91-2281.

984 F.2d 1084 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. David SMITH a/k/a Howard Beard, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 31, 1993.

Attorney(s) appearing for the Case

Susan L. Foreman, Asst. Federal Public Defender (Michael G. Katz, Federal Public Defender, with her, on the brief), Denver, CO, for defendant-appellant.

Tara C. Neda, Asst. U.S. Atty. (Don J. Svet, U.S. Atty., with her, on the brief), Albuquerque, NM, for plaintiff-appellee.

Before BALDOCK, SETH, and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

On February 7, 1991, officers executed a search warrant for the residence of Robert Brown. A methamphetamine laboratory was discovered and Defendant-appellant Howard Beard, who was an overnight guest, was arrested. A more extensive explanation of the facts is contained in United States v. Brown, 984 F.2d 1074 (10th Cir.1993).

Mr. Beard was tried along with codefendants Robert Brown and...

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