U.S. v. AVALOS

No. 06-2228.

506 F.3d 972 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Javier AVALOS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 23, 2007.


Attorney(s) appearing for the Case

Arnold J. Hanuman, Broomfield, CO, appearing for Defendant-Appellant.

James R.W. Braun, Assistant United States Attorney (Larry Gomez, Acting United States Attorney, with him on the brief), Office of the United States Attorney for the District of New Mexico, Albuquerque, NM, appearing for Plaintiff-Appellee.

Before TACHA, Chief Circuit Judge, BALDOCK, and KELLY, Circuit Judges.


TACHA, Chief Circuit Judge.

A jury convicted Defendant-Appellant Javier Avalos of distribution of five grams or more of methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B). The District Court sentenced him to 262 months' imprisonment. He appeals both his conviction and his sentence. We exercise jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

I. BACKGROUND

In March 2004, Special Agent James Harley of the Drug Enforcement...

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