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U.S. v. QUAINTANCE

Nos. 07-2137, 07-2140.

523 F.3d 1144 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Danuel Dean QUAINTANCE, Mary Helen Quaintance, and Joseph Allen Butts, Defendants-Appellants, and Timothy Jason Kripner, Defendant.

United States Court of Appeals, Tenth Circuit.

April 15, 2008.

Attorney(s) appearing for the Case

John F. Robbenhaar, Albuquerque, New Mexico, for Defendants-Appellants.

Terri J. Abernathy, Assistant United States Attorney (Larry Gomez, United States Attorney, with her on the brief), Las Cruces New Mexico, for Plaintiff-Appellee.

Before KELLY, ANDERSON, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

Defendants Joseph Allen Butts, Danuel Dean Quaintance, and Mary Helen Quaintance were indicted for conspiracy to possess and possession of marijuana with intent to distribute.1 The defendants moved to dismiss the indictment, arguing the prosecution constituted a substantial burden on the exercise of their religion in violation of the Religious Freedom Restoration Act ("RFRA"). 42 U.S.C. §§ 2000bb-2000bb...

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