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U.S. v. BUSH

No. 03-4224.

405 F.3d 909 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Patrick BUSH, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 26, 2005.

Attorney(s) appearing for the Case

Ronald J. Yengich (Peter D. Goodall with him on the briefs) of Yengich, Rich & Xaiz, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney (Paul M. Warner, United States Attorney), District of Utah, Salt Lake City, UT, for Plaintiff-Appellee.

Before SEYMOUR, BRISCOE and TYMKOVICH, Circuit Judges.

SEYMOUR, Circuit Judge.

A jury convicted Patrick Bush on five counts of distribution of cocaine or cocaine base in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2. The district court sentenced him to 188 months imprisonment followed by five years of supervised release. On appeal, Mr. Bush contends (1) the district court erred by admitting the lay opinion testimony of Detective Dale Bench identifying Mr. Bush's voice; (2) the evidence supporting identification...

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