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U.S. v. MARTINEZ

No. 98-3121.

168 F.3d 1043 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Jose O. MARTINEZ, also known as Daniel Alejo, also known as Pedro C. Alejo Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided January 22, 1999.

Attorney(s) appearing for the Case

John C. Vanderslice, Lincoln, NE, argued, for Defendant-Appellant.

William W. Mickle, II, Omaha, NE, argued (Thomas J. Monaghan, on the brief), for Plaintiff-Appellee.

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

MURPHY, Circuit Judge.

After Pedro Alejo1 was stopped for moving violations, sixteen pounds of methamphetamine were found in the car he was driving. He was charged with one count of possession with intent to distribute methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A), convicted after a jury trial, and sentenced to serve 168 months. On appeal Alejo argues that the district court2

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