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U.S. v. LAZCANO-VILLALOBOS

No. 98-2162.

175 F.3d 838 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Enrique LAZCANO-VILLALOBOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

May 3, 1999.

Attorney(s) appearing for the Case

Fred J. Federici (John J. Kelly, United States Attorney, with him on the brief), Assistant United States Attorney, Las Cruces, New Mexico, for Plaintiff-Appellee.

Robert Ramos (Robert J. Perez with him on the brief), El Paso, Texas, for Defendant-Appellant.

Before BRORBY, EBEL and HENRY, Circuit Judges.

BRORBY, Circuit Judge.

Defendant-Appellant Enrique Lazcano-Villalobos1 appeals his jury conviction on one count of violating 21 U.S.C. § 841(a)(1) for "Possession With Intent to Distribute More Than 5 Kilograms and More of Cocaine." Mr. Lazcano-Villalobos argues the district court erred in (1) denying his motion for acquittal even though the evidence did not show he knew about the cocaine, and (2) allowing the jury to consider prejudicial...

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