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U.S. v. HERNANDEZ

No. 07-6006.

509 F.3d 1290 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Rosalio O. HERNANDEZ, also known as Chalio, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 11, 2007.

Attorney(s) appearing for the Case

Mary M. Smith, Assistant U.S. Attorney, U.S. Attorney's Office, Oklahoma City, OK, for Plaintiff-Appellee.

Fred L. Staggs, Oklahoma City, OK, for Defendant-Appellant.

Before TYMKOVICH, BALDOCK, and EBEL, Circuit Judges.

ORDER AND JUDGMENT*

TIMOTHY M. TYMKOVICH, Circuit Judge.

A federal grand jury sitting in the Western District of Oklahoma returned a three-count indictment against Rosalio O. Hernandez on federal drug trafficking charges. Count 1 alleged that, from December 2001 through April 20, 2006, Mr. Hernandez conspired with Jesus Adolfo Tinajero-Porras (Tinajero) and other persons to possess with intent to distribute and to distribute...

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