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U.S. v. AVERY

No. 00-3262.

295 F.3d 1158 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Jonathan AVERY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 9, 2002.

Attorney(s) appearing for the Case

Timothy J. Henry, Assistant Federal Public Defender (David J. Phillips, Federal Public Defender, with him on brief), Wichita, KS, for Defendant-Appellant.

Randy Hendershot, Assistant United States Attorney (D. Blair Watson, Assistant United States Attorney, and Jackie N. Williams, United States Attorney, with him on the brief), Wichita, KS, for Plaintiff-Appellee.

Before EBEL, Circuit Judge, and HALL and BRORBY, Senior Circuit Judges.

EBEL, Circuit Judge.

On March 7, 2000, a federal grand jury issued an eight-count indictment against Defendant-Appellant Jonathan Avery. Count 1 charged Mr. Avery with possessing with the intent to distribute a "mixture or substance" containing thirteen grams of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Count 2 indicted Mr. Avery for possessing with the intent to distribute approximately twenty grams of mixture or substance containing cocaine, in violation...

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