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U.S. v. BARAJAS

No. 12-3003.

710 F.3d 1102 (2013)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel BARAJAS, a/k/a Sammy, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 4, 2013.

Attorney(s) appearing for the Case

Branden A. Bell (and Carl Folsom, III , of Bell, Folsom, P.A., with him on the briefs) Olathe, KS, for Defendant-Appellant.

Nathan Judish ( Barry R. Grissom , United States Attorney, and Trent M. Krug , Special Assistant United States Attorney, with him on the brief), Kansas City, KS, for Plaintiff-Appellee.

Before KELLY, HOLLOWAY, and MATHESON, Circuit Judges.

PAUL KELLY, JR., Circuit Judge.

Defendant-Appellant Samuel Barajas was convicted in a jury trial of conspiracy to distribute more than 500 grams of methamphetamine, 21 U.S.C. §§ 846 and 841(a)(1), (b)(1)(B)(viii) (Count 1); aiding and abetting possession with intent to distribute 50 grams or more of methamphetamine, 21 U.S.C. § 841(a)(1) and (b)(1)(B)(viii) (Count 2); and using a communication facility, a cellular telephone, in committing, causing,...

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