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U.S. v. VAZQUEZ-GARCIA

Nos. 02-1596, 02-1597.

340 F.3d 632 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Eloy VAZQUEZ-GARCIA, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Juan Carlos Sosa-Alvarado, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2003.

Petition for Rehearing Denied: October 9, 2003.

Attorney(s) appearing for the Case

Paul D. Scott, Clive, IA, argued, for appellant.

John S. Courter, Asst. U.S. Atty., Des Moines, IA, argued, for appellee.

Before MURPHY, JOHN R. GIBSON, and SMITH, Circuit Judges.

JOHN R. GIBSON, Circuit Judge.

Eloy Vazquez-Garcia and Juan Carlos Sosa-Alvarado appeal their convictions for conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846 (2000), and attempt to possess with intent to distribute methamphetamine in violation of 21 U.S.C. § 841(a)(1) (2000) and § 846. Both defendants originally pleaded guilty to the conspiracy count, but later moved to withdraw their pleas. The district court

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