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U.S. v. MONTANO

No. 06-1680.

506 F.3d 1128 (2007)

UNITED STATES of America, Appellee, v. Fabio MONTANO, also known as Fernando Nieves, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: November 9, 2007.

Attorney(s) appearing for the Case

Greg T. Rinckey, Tully, Rinckey & Associates, PLLC, Albany, NY, for appellant.

Gregg R. Coonrod, Kathleen D. Mahoney, Asst. U.S. Attys., Kansas City, MO (John F. Wood, U.S. Atty., on the brief), for appellee.

Before WOLLMAN, HANSEN, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

After a jury convicted Fabio Montano (Montano) of conspiracy to distribute more than five kilograms of cocaine, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 846, the district court1 sentenced Montano to 405 months' imprisonment. On appeal, Montano contends (1) the district court erred in admitting evidence concerning a murder committed in furtherance of the conspiracy, and (2) insufficient evidence...

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