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U.S. v. VILLEGAS

No. 08-4078.

554 F.3d 894 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael VILLEGAS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 2, 2009.

Attorney(s) appearing for the Case

Robert Breeze, Salt Lake City, UT, for Defendant-Appellant.

Diana Hagen, Assistant United States Attorney, (Brett L. Tolman, United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

Before BRISCOE, EBEL, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

After a search of his car revealed several packages of illicit drugs, Rafael Villegas was indicted in the United States District Court for the District of Utah on one count of possession "with intent to distribute 50 grams or more of actual or pure methamphetamine," in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and one count of possession "with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount...

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