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U.S. v. RIVAS-MACIAS

No. 06-2274.

537 F.3d 1271 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Jose Fernando RIVAS-MACIAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 25, 2008.

Attorney(s) appearing for the Case

Mark T. Baker (Little V. West with him on the briefs), Long, Pound & Komer, P.A., Santa Fe, NM, for Appellant.

Terri J. Abernathy, Assistant United States Attorney (Larry Gomez, United States Attorney, with her on the briefs), Las Cruces, NM, for Appellee.

Before HENRY, Chief Judge, BALDOCK, and TYMKOVICH, Circuit Judges.

BALDOCK, Circuit Judge.

A grand jury charged Defendant Jose Fernando Rivas-Macias with: (1) conspiracy to possess, with the intent to distribute, five hundred grams or more of cocaine, in violation of 21 U.S.C. §§ 841(a)(1) & 846; and (2) possessing, with the intent to distribute, five hundred grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1). After a two-day trial, a petit jury convicted...

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