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U.S. v. ALMARAZ

No. 01-2049.

306 F.3d 1031 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Ruben ALMARAZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

September 23, 2002.

Attorney(s) appearing for the Case

James T. Martin (David C. Iglesias, United States Attorney, with him on the brief), Assistant United States Attorney, Las Cruces, New Mexico, for Plaintiff-Appellee.

Richard Winterbottom, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.

Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and RUSSELL, District Judge.

BRORBY, Circuit Judge.

Ruben Almaraz appeals from his conviction and sentence for engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848. He claims the government failed to present sufficient evidence he organized, supervised, or managed five other persons during the course of the three drug violations for which the jury returned a guilty verdict or at any other time. This case presents our first opportunity

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