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U.S. v. BADILLA

No. 03-2183.

383 F.3d 1137 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio Duran BADILLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Ordered Published September 8, 2004.

Attorney(s) appearing for the Case

John D. Kaufmann, Attorney at Law, Tucson, AZ, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR, HOLLOWAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Defendant-appellant Sergio Duran Badilla was indicted for knowingly and intentionally possessing more than one hundred kilograms of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B) and 18 U.S.C. § 2. Badilla was found guilty after a jury trial. He was sentenced to seventy-eight months' imprisonment and four years' supervised release.

Badilla appeals both his conviction...

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