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U.S. v. MITCHELL

Nos. 00-1366, 00-1520 and 00-1521.

274 F.3d 1307 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Robert MITCHELL, III, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Lawrence John Sposato, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Richard Andrada, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Ordered Published December 11, 2001.

Attorney(s) appearing for the Case

Barry A. Schwartz, Law Office of John Henry Schlie and Barry A Schwartz, P.C., Denver, CO, for Defendant-Appellant Robert Mitchell, III.

Walter L. Gerash, Walter Gerash Law Firm, Denver, CO, for Defendant-Appellant Lawrence John Sposato

E. Richard Toray, Gerash, Prugh & Gerash, L.L.C., Denver, CO, for Defendant-Appellant Richard Andrada.

James C. Murphy, Asst. U.S. Atty. (Richard T. Spriggs, U.S. Atty. and H. Wayne Campbell, Asst. U.S. Atty., with him on the brief), Denver, CO, for Plaintiff-Appellee.

Before BRISCOE, Circuit Judge, McWILLIAMS and ANDERSON, Senior Circuit Judges.

McWILLIAMS, Senior Circuit Judge.

On July 15, 1999, an indictment was filed in the United States District Court for the District of Colorado naming Robert Mitchell, III ("Mitchell"), Lawrence John Sposato ("Sposato"), Richard Andrada ("Andrada") and six others as defendants (we are not here concerned with the other defendants). In Count 1, all defendants were charged with conspiring to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a...

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