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U.S. v. VILLARCE

No. 01-6409.

323 F.3d 435 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Julio VILLARCE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 21, 2003.

Attorney(s) appearing for the Case

Van S. Vincent (argued and briefed), Assistant United States Attorney, Nashville, TN, for Plaintiff-Appellee.

Sumter L. Camp (argued and briefed), Federal Public Defender's Office, Nashville, TN, for Defendant-Appellant.

Before DAVID A. NELSON, COLE, and GILMAN, Circuit Judges.

OPINION

DAVID A. NELSON, Circuit Judge.

The central issue in this appeal is whether a defendant may be convicted of conspiracy to distribute at least 100 kilograms of marijuana, and of possession of at least 100 kilograms of the drug with intent to distribute it, notwithstanding the alleged absence of evidence that he specifically agreed to distribute such a substantial quantity and specifically intended to distribute

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