U.S. v. McKNEELY

No. 94-1158.

69 F.3d 1067 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Dracy Lamont McKNEELY, also known as Green Eyes, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 5, 1995.


Attorney(s) appearing for the Case

Jeralyn E. Merritt, Denver, Colorado, for Defendant-Appellant.

John M. Hutchins, Assistant U.S. Attorney (Henry L. Solano, United States Attorney, District of Colorado, and Daniel J. Cassidy, Assistant U.S. Attorney, with him on the brief), Denver, Colorado, for Plaintiff-Appellee.

Before TACHA, LOGAN and BALDOCK, Circuit Judges.


LOGAN, Circuit Judge.

Defendant Dracy Lamont McKneely appeals from his conviction after jury trial and his sentence for possession with intent to distribute fifty grams or more of cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(B)(iii) and 18 U.S.C. § 2. On appeal he asserts that the district court erred in (1) denying his motion for judgment of acquittal based on insufficiency of the evidence (or for new trial on newly discovered...

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