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U.S. v. MONTELONGO

Nos. 04-2215, 04-2241.

420 F.3d 1169 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Victor MONTELONGO, Jr.; and Ronald Edward McCalvin, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

August 24, 2005.

Attorney(s) appearing for the Case

Mario A. Esparaza, Las Cruces, NM, for Appellant Montelongo.

Thomas L. Wright, El Paso, TX, for Appellant McCalvin.

Kyle T. Nayback, Assistant United States Attorney (David C. Iglesias, United States Attorney, and Laura Fashing, Assistant United States Attorney, on the briefs), for Appellee.

Before TACHA, Chief Circuit Judge, EBEL, and McCONNELL, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendants-Appellants Victor Montelongo, Jr. and Ronald Edward McCalvin were charged with possession with intent to distribute more than fifty kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1), and conspiracy to possess with intent to distribute more than fifty kilograms of marijuana, in violation of 21 U.S.C. § 846, after ninety-three kilograms of marijuana were found in...

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