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U.S. v. TOPETE-PLASCENCIA

Nos. 02-8060, 02-8078.

351 F.3d 454 (2003)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Aurelio TOPETE-PLASCENCIA, also known as Pelon, also known as Efren, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

Filed December 3, 2003.

Attorney(s) appearing for the Case

David A. Kubicheck, Assistant United States Attorney (Matthew H. Mead, United States Attorney and Patrick J. Crank, Assistant United States Attorney, on the brief), Casper, WY, for Plaintiff-Appellee.

G. Mark Garrison, Cody, WY, for Defendant-Appellant.

Before HENRY, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

A grand jury indicted Aurelio Topete-Plascencia ("Topete") and his co-defendants for various violations of Titles 8, 18, and 21 of the United States Code. Topete's case, like his co-defendants' cases, arises from a conspiracy to distribute controlled substances in Wyoming.1 The Indictment charged Topete with (1) conspiracy to possess with intent to distribute, and to distribute, methamphetamine and cocaine, and...

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