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U.S. v. BADILLA

No. 03-2183.

419 F.3d 1128 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Sergio Duran BADILLA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 17, 2005.

Attorney(s) appearing for the Case

John D. Kaufmann, Attorney at Law, Tucson, AZ, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, Norman Cairns, Assistant United States Attorney, on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR, HOLLOWAY, and MURPHY, Circuit Judges.

ON REMAND FROM THE UNITED STATES SUPREME COURT

MURPHY, Circuit Judge.

Sergio Duran Badilla was convicted by a jury of a single count of knowingly and intentionally possessing more than one hundred kilograms of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1), (b)(1)(B) and 18 U.S.C. § 2. The district court sentenced Badilla to seventy-eight months' imprisonment and four years' supervised release. Badilla brought an appeal...

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