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U.S. v. LOPEZ

No. 04-2254.

443 F.3d 1026 (2006)

UNITED STATES of America, Appellee, v. Gabriel Parra LOPEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 17, 2006.

Attorney(s) appearing for the Case

Edward G. Albright, argued, Pierre, SD, for appellant.

Mark E. Salter, argued, Asst. U.S. Attorney, Sioux Falls, SD, for appellee.

Before LOKEN, Chief Judge, WOLLMAN, BEAM, ARNOLD, MURPHY, BYE, RILEY, MELLOY, SMITH, COLLOTON, GRUENDER, and BENTON, Circuit Judges.

ARNOLD, Circuit Judge.

A jury convicted Gabriel Lopez and Johnny Cervantes of conspiring to distribute and possessing with the intent to distribute more than 500 grams of methamphetamine and aiding and abetting the same, see 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(viii), 846; 18 U.S.C. § 2. Both men appealed their convictions and sentences. After a panel of our court affirmed, United States v. Lopez, 414 F.3d 954

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