U.S. v. MARTIN

No. 92-2240.

18 F.3d 1515 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. David Joe MARTIN, Defendant Appellant.

United States Court of Appeals, Tenth Circuit.

April 4, 1994.


Attorney(s) appearing for the Case

Joseph (Sib) Abraham, Jr., El Paso, TX, for appellant.

David N. Williams (Larry Gomez, U.S. Atty., and Judy A. Patton, Asst. U.S. Atty., on the brief), Las Cruces, NM, for appellee.

Before KELLY, Circuit Judge, BARRETT, Senior Circuit Judge, GODBOLD, Senior Circuit Judge.


OPINION ON REHEARING

BARRETT, Senior Circuit Judge.

In United States v. Martin, 15 F.3d 943 (1994 WL 38670 (10th Cir. (1994)) (Martin I), we affirmed the judgment and sentence entered following a jury trial and Martin's conviction of possession with intent to distribute more than 100 kilograms of marijuana in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 18 U.S.C. § 2, and carrying and...

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