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U.S. v. NGUYEN

Nos. 08-3940, 09-1026.

608 F.3d 368 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Van Phong NGUYEN, also known as Buffalo, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Nam Trong Tung Nguyen, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: June 14, 2010.

Attorney(s) appearing for the Case

David E. Mullin, Cedar Rapids, IA, for Appellant, Van Phong Nguyen.

Mark A. Appleton, Aledo, IL, for Appellant, Nam Trong Tung Nguyen.

Donald B. Allegro, AUSA, Davenport, IA, for Appellee.

Before LOKEN, Chief Judge, MURPHY, and BYE, Circuit Judges.

BYE, Circuit Judge.

Van Nguyen and Nam Nguyen2 were indicted together and separately tried for and convicted of conspiracy to distribute and possess with the intent to distribute ecstasy in violation of 21 U.S.C. §§ 841(b)(1)(C) and 846. Van Nguyen appeals his conviction and sentence and Nam Nguyen appeals only his sentence. We affirm Van Nguyen's conviction and both of the district court's3 sentences...

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