U.S. v. SCARBOROUGH

No. 96-1400

128 F.3d 1373 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Donald C. SCARBOROUGH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 28, 1997.


Attorney(s) appearing for the Case

Richard Kent Kornfeld (Gary Lozow with him on the briefs), Isaacson, Rosenbaum, Woods & Levy, P.C., Denver, CO, for Defendant-Appellant.

James C. Murphy, Assistant U.S. Attorney (Henry L. Solano, United States Attorney, with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before EBEL, KELLY and LUCERO, Circuit Judges.


LUCERO, Circuit Judge.

Appellant Donald Scarborough ("Scarborough") was convicted of knowingly possessing with the intent to distribute 500 grams or more of cocaine. He appeals the jury decision on the following grounds of alleged error by the trial court: (1) the denial of his motion to dismiss on the basis of the government's untimely disclosure of exculpatory information; (2) the refusal to give a proposed jury instruction...

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