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U.S. v. SERRATO

Nos. 12-8040, 12-8041.

742 F.3d 461 (2014)

UNITED STATES of America, Plaintiff-Appellee, v. Eddie SERRATO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Sotero Negrete, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

February 7, 2014.

Attorney(s) appearing for the Case

Ronald G. Pretty , Cheyenne, WY, for Appellant Eddie Serrato.

James H. Barrett , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, Interim, with him on the briefs), Cheyenne, WY, for Appellant Sotero Negrete.

Jason M. Conder , Assistant United States Attorney ( Christopher A. Crofts , United States Attorney, with him on the brief), Lander, WY, for Appellee.

Before GORSUCH and BALDOCK, Circuit Judges, and JACKSON, District Judge.

JACKSON, District Judge.

Eddie Serrato and Sotero Negrete are drug dealers. In this case they both were found guilty of multiple counts related to their involvement in a methamphetamine trafficking conspiracy centered in Casper, Wyoming. On appeal, Mr. Serrato raises four challenges to his conviction and sentence: (1) the prosecutor engaged in misconduct that violated his Fifth and Sixth Amendment rights; (2) there was an unconstitutional variance between the crime...

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