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U.S. v. HIGGINS

Nos. 00-2440, 00-2461, 00-2472.

282 F.3d 1261 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Scott HIGGINS, also known as Eloy Baldonado, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Katie Sue Caple, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Ronald L. Jinks, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 11, 2002.

Attorney(s) appearing for the Case

Norman C. Bay, United States Attorney, and David N. Williams, Assistant United States Attorney, Albuquerque, NM, for Plaintiff Appellee, United States of America.*

Ray Twohig, Albuquerque, NM, for Defendant-Appellant Higgins; Billy R. Blackburn, Albuquerque, NM, for Defendant-Appellant Caple; and Todd Hotchkiss, Frechette & Associates, P.C., Albuquerque, NM, for Defendant-Appellant Jinks.

Before SEYMOUR and HOLLOWAY, Circuit Judges, and VANBEBBER, District Judge.

HOLLOWAY, Circuit Judge.

Defendants-appellants Katie Sue Caple, Scott Higgins and Ronald L. Jinks were charged with using a house outside the city limits of Albuquerque as a place to manufacture methamphetamine. Specifically, the indictment charged each with three drug offenses: conspiracy to manufacture methamphetamine in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(a) & 846; maintaining a place for the purpose of manufacturing, distributing, or using...

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