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U.S. v. PEREZ

No. 11-1747.

663 F.3d 387 (2011)

UNITED STATES of America, Appellee, v. Edulio PEREZ, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: December 13, 2011.

Attorney(s) appearing for the Case

Phillip R. Gibson , Thomason & Gibson, LLC, Blue Springs, MO, for appellant.

Justin G. Davids , Asst. U.S. Atty., Kansas City, MO ( Beth Phillips , U.S. Atty., on the brief), for appellee.

Before MELLOY, SMITH, and BENTON, Circuit Judges.

SMITH, Circuit Judge.

A jury convicted Edulio Perez of conspiring to manufacture 100 or more marijuana plants, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(B), and 846 ("Count 1"); possessing a firearm in furtherance of a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A) ("Count 2"); and being an illegal alien in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(5) and 924(a)(2) ("Count 3"). On appeal, Perez

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