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U.S. v. MUESSIG

Nos. 04-6005, 04-6033, 04-6055.

427 F.3d 856 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Huong MUESSIG; Sonny Lee Tran; Nga Tran, also known as Tanya Tran, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

October 26, 2005.

Attorney(s) appearing for the Case

J. David Ogle, Ogle & Welch, P.C., Oklahoma City, OK, for Defendant-Appellant in Case No. 04-6033.

Paul Antonio Lacy, Assistant Federal Public Defender, Office of the Federal Public Defender, Oklahoma City, OK, for Defendant-Appellant in Case No. 04-6005 submitted on the briefs.

R. Scott Adams, Adams & Associates, P.C., Oklahoma City, OK, for Defendant-Appellant in Case No. 04-6055 submitted on the briefs.

Randal A. Sengel, Assistant United States Attorney (Robert G. McCampbell, United States Attorney, with him on the briefs, and Sue Tuck Richmond, Assistant United States Attorney, with him on the brief for Case No. 04-6005), Office of the United States Attorney, Oklahoma City, OK, for Plaintiff-Appellee in Case Nos. 04-6005, 04-6033, and 04-6055.

Before MURPHY, BALDOCK, and TYMKOVICH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Defendants-Appellants Huong Muessig, Sonny Lee Tran and Nga Tran were each convicted of violating 21 U.S.C. § 841(c)(2) by distributing pseudoephedrine with reasonable cause to believe it would be used to manufacture methamphetamine. On appeal, the defendants make five arguments. First, Muessig and Nga Tran argue the government's evidence was insufficient to establish knowledge under § 841.

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