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U.S. v. MONTOAN-HERRERA

Nos. 02-8061, 02-8079.

351 F.3d 462 (2003)

UNITED STATES of America, Plaintiff-Appellee/Cross-Appellant, v. Roberto MONTOAN-HERRERA, also known as Roberto Monteon-Herrera, also known as Roberto Herrera Jimenez, also known as Beto, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Tenth Circuit.

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/Cross-Appellant.

Roberto Montoan-Herrera, pro se, Taft, CA.

Lisa Barrett Quast, Cheyenne, WY, for Defendant-Appellant in case no. 02-8079.

Before HENRY, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

A grand jury indicted Roberto Montoan-Herrera ("Herrera") and his co-defendants for various violations of Titles 8, 18, and 21 of the United States Code. Herrera's case, like his co-defendants' cases, arises from a conspiracy to distribute controlled substances in Wyoming.1 The Indictment charged Herrera with (1) conspiracy to possess with intent to distribute, and to distribute, methamphetamine and cocaine, (2...

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