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U.S. v. GAONA-LOPEZ

No. 04-3241.

408 F.3d 500 (2005)

UNITED STATES of America, Appellee, v. Casimiro GAONA-LOPEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 23, 2005.

Attorney(s) appearing for the Case

Bryan E. Smith, argued, Bellevue, NE, for appellant.

Joe W. Stecher, Asst. U.S. Attorney, of Omaha, NE, for appellee.

Before LOKEN, Chief Judge, RILEY and SMITH, Circuit Judges.

RILEY, Circuit Judge.

After a jury convicted Casimiro Gaona-Lopez (Gaona-Lopez) of attempted possession with intent to distribute more than 500 grams of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1), and 846, the district court1 sentenced him to 188 months imprisonment. On appeal, Gaona-Lopez contends (1) insufficient evidence supports the conviction, and (2) the district court failed to give the jury a mere...

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