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U.S. v. MANN

Nos. 03-30432, 03-30435.

389 F.3d 869 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Tomi MANN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James F. Pollender, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 19, 2004.

Attorney(s) appearing for the Case

David A. Duke, Law Office of David A. Duke, Billings, MT, for the appellant.

Jeffrey P. Singdahlsen, U.S. Department of Justice, Washington, DC, for the appellee.

Before: SCHROEDER, Chief Judge, TASHIMA, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

Following a jury trial, Tomi Mann and James F. Pollender ("Appellants"), were each convicted of three counts of conspiring to manufacture methamphetamine, possessing with intent to distribute methamphetamine, and possessing listed chemicals with intent to manufacture methamphetamine. 21 U.S.C. §§ 841(a)(1), 841(c), 846. Appellants were each convicted of possessing an unregistered "pen gun"...

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