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U.S. v. MARTIN

No. 92-2240.

15 F.3d 943 (1994)

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

United States Court of Appeals, Tenth Circuit.

Order Granting Rehearing February 10, 1994.

Attorney(s) appearing for the Case

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

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

Before KELLY, GODBOLD, and BARRETT, Circuit Judges.

BARRETT, Senior Circuit Judge.

David Joe Martin (Martin) appeals from the judgment and sentence entered following a jury trial and his 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, charged in Count I, and carrying and using a firearm during and in relation to a drug trafficking offense in violation of 18 U.S.C. § 924(c), charged in Count...

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