U.S. v. MICHEL-GALAVIZ

No. 04-3740.

415 F.3d 946 (2005)

UNITED STATES of America, Appellee, v. Manuel Humberto MICHEL-GALAVIZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 28, 2005.


Attorney(s) appearing for the Case

Rees C. Douglas, argued, Sioux City, IA, for appellant.

Kevin C. Fletcher, Asst. U.S. Attorney, argued, Sioux City, IA, for appellee.

Before RILEY, BOWMAN, and BENTON Circuit Judges.


BENTON, Circuit Judge.

Manuel Humberto Michel-Galaviz was indicted for possession with intent to distribute 2,609.1 grams of a methamphetamine mixture containing 1,519.817 grams of meth, in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A)(viii), and 18 U.S.C. § 2. Galaviz moved to strike surplusage from the indictment, but the district court denied his motion. He then entered a conditional guilty plea, reserving the right to appeal the denial of the motion...

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