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U.S. v. GONZALEZ EDEZA

No. 02-5157.

359 F.3d 1246 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GONZALEZ EDEZA, a/k/a Jose Luis Pelaez-Morgan, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 1, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Michael G. Katz, Federal Public Defender, and Vicki Mandell-King, Assistant Federal Public Defender, Office of the Federal Public Defender for the District of Colorado, for Defendant-Appellant.

David E. O'Meilia, United States Attorney, and Kevin Danielson, Assistant United States Attorney, Office of the United States Attorney for the Northern District of Oklahoma, for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, BALDOCK, and McCONNELL, Circuit Judges.

TACHA, Chief Circuit Judge.

A jury convicted Defendant-Appellant Jose Gonzalez Edeza on three drug-trafficking-related counts. On appeal, he argues that the district court erroneously enhanced his sentence and constructively amended the grand jury's indictment. We disagree.

I. Background

A grand jury indicted Mr. Gonzalez Edeza on three counts: (1) conspiracy to possess and distribute methamphetamine in violation of 21 U.S.C. § 846; (2) possessing...

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