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U.S. v. TRUJILLO

No. 04-2004.

390 F.3d 1267 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Donald TRUJILLO, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 7, 2004.

Attorney(s) appearing for the Case

Richard Winterbottom, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

Laura Fashing, Assistant United States Attorney (David C. Iglesias, United States Attorney, with her on the briefs), Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR, PORFILIO and MURPHY, Circuit Judges.

PORFILIO, Senior Circuit Judge.

Donald Trujillo appeals from a judgment after a jury trial upon a verdict of guilty of possession of cocaine with intent to distribute under 21 U.S.C. § 841(a)(1) and § 841(b)(1)(A). The single question he poses is whether the court erred by conditioning granting his request for a lesser included instruction on simple possession with his abandoning what the court characterized as mutually exclusive defenses. Mr. Trujillo contends...

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