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U.S. v. GARCIA

No. 91-6280.

987 F.2d 1459 (1993)

UNITED STATES of America, Plaintiff/Appellee, v. Margarito GARCIA, Defendant/Appellant.

United States Court of Appeals, Tenth Circuit.

February 17, 1993.

Attorney(s) appearing for the Case

Frank Michael Ringer, Asst. U.S. Atty. (Timothy D. Leonard, U.S. Atty., and Leslie M. Kaestner, Asst. U.S. Atty., with him on the brief), Oklahoma City, OK, for plaintiff/appellee.

Paul Antonio Lacy, Oklahoma City, OK, for defendant/appellant.

Before HOLLOWAY and SEYMOUR, Circuit Judges, and ROGERS, District Judge.

ROGERS, District Judge.

Margarito Garcia was charged in the first three counts of a 13-count superseding indictment with: conspiracy to distribute marijuana (count one); distribution of 42 pounds of marijuana on or about January 5, 1991 (count two); and distribution of 50 pounds of marijuana on or about January 18, 1991 (count three). A jury found Garcia guilty of count one and count three. Garcia was acquitted on count two. Garcia appeals his sentence of 55 months...

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