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U.S. v. CABRERA

No. 96-3972.

116 F.3d 1243 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Jose CABRERA, aka Jose Cabarra, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Mary K. Thielen, Omaha, NE, argued, for defendant-appellant.

Maria R. Moran, Assistant United States Attorney, Omaha, NE, argued (Thomas J. Monaghan, on the brief), for plaintiff-appellee.

Before MAGILL, JOHN R. GIBSON, and MURPHY, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

In March 1996, Jose Cabrera was charged with conspiracy to distribute and possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) (1994) and 846 (1988). Cabrera entered a plea of not guilty, and the case was tried to the district court2 after Cabrera waived his right to a jury trial. The court found Cabrera guilty as charged, and he was sentenced to a term of...

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