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U.S. v. MUNOZ

Nos. 02-3530, 02-3571.

324 F.3d 987 (2003)

UNITED STATES of America, Appellee, v. Juan C. MUNOZ, also known as Charlie, Appellant. United States of America, Appellee, v. Humberto Munoz Rodriguez, also known as Alexander Araiza, also known as Ramon Munoz, also known as Beto, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2003.

Rehearing Denied: April 24, 2003.

Attorney(s) appearing for the Case

Douglas Roehrich, argued, Sioux City, IA, for Appellant Humberto Munoz.

William Binkard, argued, South Sioux City, NE, for Appellant Juan Munoz.

Patrick J. Reinert, AUSA, argued (Jamie D. Bowers, AUSA, Sioux City, IA, on the brief), for Appellee United States.

Before WOLLMAN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

WOLLMAN, Circuit Judge.

A jury convicted Juan Carlos Munoz (Munoz) and Humberto Munoz Rodriguez (Rodriguez) of conspiring to distribute and to possess with intent to distribute, within 1000 feet of a playground or schoolyard, 500 grams or more of a mixture containing methamphetamine and a mixture containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A),(C), 860(a). The district court1 sentenced Munoz to 240 months...

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