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U.S. v. HERNANDEZ-URISTA

No. 92-5248.

9 F.3d 82 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Hector HERNANDEZ-URISTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

November 8, 1993.

Attorney(s) appearing for the Case

Craig Bryant, Asst. Federal Public Defender (Robert Nigh, Jr., Asst. Federal Public Defender, with him on the brief), Tulsa, OK, for defendant-appellant.

David E. O'Meilia, Asst. U.S. Atty. (F.L. Dunn, U.S. Atty., with him on the brief), Tulsa, OK, for plaintiff-appellee.

Before EBEL, SETH and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Hector Hernandez-Urista appeals from his conviction of conspiracy to possess with intent to distribute marijuana, 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(C). Mr. Hernandez-Urista argues that (1) his Sixth Amendment right to compulsory process was denied when his request for a subpoena pursuant to Fed.R.Crim.P. 17(b) was rejected, and (2) the jury was instructed incorrectly on his defense of public authority. Our jurisdiction...

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