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U.S. v. MORENO

No. 99-2312.

217 F.3d 592 (2000)

UNITED STATES of America, Appellee, v. Apolonio MORENO, also known as Polo, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 27, 2000.

Attorney(s) appearing for the Case

Michael G. Heavican, Assistant U.S. Attorney, Omaha, NE, argued (Thomas J. Monaghan, U.S. Attorney, Rachel Owen, Law Clark, on the brief), for appellee.

James Martin Davis (argued), Omaha, NE, for appellant.

Before: McMILLIAN, JOHN R. GIBSON, and MAGILL, Circuit Judges.

MAGILL, Circuit Judge.

On February 12, 1997, Apolonio Moreno was charged, in a superseding indictment, with five counts: (1) possession with intent to distribute marijuana; (2) possession with intent to distribute amphetamine; (3) possession with intent to distribute cocaine; (4) criminal forfeiture; and (5) conspiracy to possess with intent to distribute cocaine, methamphetamine, amphetamine, and marijuana. On December 17, 1997, the district court

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