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U.S. v. AVELAR

No. 95-4095.

80 F.3d 430 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Manuel Munoz AVELAR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 1, 1996.

Attorney(s) appearing for the Case

Bruce C. Lubeck, Assistant United States Attorney, (Scott M. Matheson, Jr., United States Attorney with him on the brief), Salt Lake City, Utah, for appellee.

Brett J. Delporto (Gregory G. Skordas with him on the briefs) Watkiss, Dunning & Watkiss, Salt Lake City, Utah, for appellant.

Before ANDERSON, BARRETT, and MURPHY, Circuit Judges.

BARRETT, Senior Circuit Judge.

Manuel Munoz Avelar (Avelar) appeals his conviction for possession of cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm during a drug trafficking offense, in violation of 18 U.S.C. § 924(c).

On August 25, 1993, Avelar and two co-defendants were arrested as part of a "buy-bust" set up by the Ogden, Utah, police department and a confidential informant in which six kilograms...

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