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U.S. v. CESAREO-AYALA

No. 08-3201.

576 F.3d 1120 (2009)

UNITED STATES of America, Plaintiff-Appellee, v. Alejo CESAREO-AYALA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 12, 2009.

Attorney(s) appearing for the Case

Rick E. Bailey, Conlee, Schmidt & Emerson, L.L.P., Wichita, KS, for Defendant-Appellant.

James A. Brown, Assistant United States Attorney, (Marietta Parker, Acting United States Attorney, with him on the brief), Topeka, KS, for Plaintiff-Appellee.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Alejo Cesareo-Ayala appeals from jury convictions of three drug offenses. He challenges his conviction of possession of cocaine on the ground that there was insufficient evidence to sustain the verdict. Alternatively, he argues that the district court erred in denying him a new trial on the charge because "the evidence preponderate[d] heavily against the verdict." United States v. Evans, 42 F.3d 586, 593...

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