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U.S. v. SANTOYO-TORRES

No. 07-2204.

518 F.3d 620 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Victor SANTOYO-TORRES, also known as Antonio Torres-Liberato, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 26, 2008.

Attorney(s) appearing for the Case

Brian S. Witherspoon, AFPD, argued, St. Louis, MO, for appellant.

Noelle C. Collins, AUSA, argued, St. Louis, MO, for appellee.

Before LOKEN, Chief Judge, MURPHY, Circuit Judge, and JARVEY, District Judge.

MURPHY, Circuit Judge.

A jury convicted Santoyo-Torres of possessing in excess of 50 grams of methamphetamine with intent to distribute, in violation of § 841(a)(1), and he was sentenced to 63 months imprisonment. Santoyo-Torres appeals, arguing that there was insufficient evidence to sustain his conviction and claiming that the district court2 abused its discretion by declining to give a jury instruction on a lesser included offense...

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