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U.S. v. HERNANDEZ

No. 08-3460.

569 F.3d 893 (2009)

UNITED STATES of America, Appellee, v. Milton HERNANDEZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 30, 2009.

Attorney(s) appearing for the Case

Jeffrey L. Thomas, AFPD, Omaha, NE, for appellant.

Robert C. Sigler, AUSA, Omaha, NE, for appellee.

Before RILEY, SMITH, and COLLOTON, Circuit Judges.

RILEY, Circuit Judge.

On October 17, 2007, a grand jury charged Milton Hernandez (Hernandez) with (1) conspiracy to distribute methamphetamine in violation of 21 U.S.C. § 846; (2) conspiracy to distribute crack cocaine, in violation of 21 U.S.C. § 846; (3) two counts of distributing methamphetamine, in violation of 21 U.S.C. § 841(a)(1) and (b)(1); and (4) three counts of distributing crack cocaine, in violation of 21 U.S.C. § 841(a)(1) and (b...

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