U.S. v. CUSUMANO

Nos. 94-8056, 94-8057.

67 F.3d 1497 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Christopher Paul CUSUMANO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert William PORCO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied December 5, 1995.

Rehearing Granted December 5, 1995.


Attorney(s) appearing for the Case

Daniel G. Blythe of Rogers, Blythe & Lewis, Cheyenne, Wyoming, for Defendant-Appellant Cusumano.

Donald Horowitz, Hackensack, New Jersey (James W. Gusea of Gusea, Pattno & White, Cheyenne, Wyoming, with him on the brief), for Defendant-Appellant Porco.

William U. Hill, Assistant United States Attorney (David D. Freudenthal, United States Attorney, with him on the briefs), District of Wyoming, Cheyenne, Wyoming, for Plaintiff-Appellee.

Before HENRY and McKAY, Circuit Judges, and KANE, Senior District Judge.


Rehearing Denied (Defendant's petition) December 5, 1995.

Rehearing Granted (United States' petition) December 5, 1995.

McKAY, Circuit Judge.

Mr. Robert Porco and Mr. Christopher Cusumano appeal their convictions for the manufacture of marijuana in violation of 21 U.S.C. § 841(a)(1). There is no doubt that Messrs. Porco and Cusumano in fact performed the acts alleged in the indictment: they do not deny that the police, searching pursuant to a...

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