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U.S. v. CUERVO

Nos. 02-2898, 02-3196, 02-3223 and 02-3362.

354 F.3d 969 (2004)

UNITED STATES of America, Appellee, v. Pelayo Jose CUERVO, also known as Jose Cuervo, also known as Pelayo Joe Cuervo, also known as Anthony Badessa, also known as Tattoo Joe, also known as Tattoo Badessa, Appellant. United States of America, Appellee, v. Robert Lee Norman, also known as Skunk, Appellant. United States of America, Appellee, v. Russell J. Schoenauer, Appellant. United States of America, Appellant, v. Russell J. Schoenauer, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 22, 2004.

Rehearing and Rehearing Denied: March 12, 2004.

Attorney(s) appearing for the Case

Joseph G. Bartogli, argued, Des Moines, IA, for appellant Cuervo.

Chip J. Lowe, argued, Urbandale, IA, for appellant Norman.

Dean Stowers, argued, Des Moines, IA, for appellant Schoenauer.

Lester A. Paff, argued, Asst. U.S. Attorney, Des Moines, IA (Shannon L. Olson, Andrew H. Kahl, Greg Peyton Gaumer and Clifford D. Wendel, Asst. U.S. Attorneys, Des Moines, IA, on the brief), for appellee.

Before RILEY, HEANEY, and SMITH, Circuit Judges.

Rehearing and Rehearing En Banc Denied: March 12, 2004.*

HEANEY, Circuit Judge.

Appellants Robert Lee Norman, Russell J. Schoenauer, and Pelayo Jose Cuervo were convicted of numerous narcotics and firearms offenses, many of which related to what the government alleged to be a conspiracy to distribute controlled substances that lasted from 1978 through 2001. Norman, Schoenauer, and Cuervo appeal their conspiracy-related convictions...

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