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U.S. v. CHAHIA

Nos. 07-3594, 07-3595.

544 F.3d 890 (2008)

UNITED STATES of America, Appellee, v. Alberto CHAHIA, also known as Chingone, Appellant. United States of America, Appellee, v. Kelly Dean Overby, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 14, 2008.

Attorney(s) appearing for the Case

Lee Richard Finstad, argued, Grand Forks, ND, for appellant Chahia.

Joel F. Arnason, argued, Grand Forks, ND, for appellant Overby.

Christopher C. Myers, argued, AUSA, Fargo, ND, for appellee.

Before MURPHY, BYE and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Alberto Chahia and Kelly Dean Overby were tried together and both were convicted by a jury of conspiracy to possess with intent to distribute and distribute 500 grams or more of a substance containing a detectable amount of methamphetamine. See 21 U.S.C. §§ 841(a)(1), 846. Chahia was also convicted of possession with intent to distribute a controlled substance. See 18 U.S.C. § 2; 21 U.S.C. § 841(a)(1). The...

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