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UNITED STATES v. CORTEZ-NIETO

No. 20-3184, No. 20-3189.

43 F.4th 1034 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Orlando CORTEZ-NIETO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Jesus Cervantes-Aguilar, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED August 5, 2022.

Attorney(s) appearing for the Case

Paige Nichols , Assistant Federal Public Defender ( Melody Brannon , Federal Public Defender, with her on the briefs), Office of the Federal Public Defender, District of Kansas, for Defendant-Appellant Orlando Cortez-Nieto.

Candace Caruthers , Assistant Federal Public Defender ( Virginia L. Grady , Federal Public Defender, and Shira Kieval , Assistant Federal Public Defender, on the briefs), Office of the Federal Public Defender, Districts of Colorado and Wyoming, for Defendant-Appellant Jesus Cervantes-Aguilar.

James A. Brown , Assistant United States Attorney ( Duston J. Slinkard , Acting United States Attorney, and Emma J. Staats , Legal Intern, with him on the brief), Office of the United States Attorney, District of Kansas, for Plaintiff-Appellee.

Before HARTZ, HOLMES, and BACHARACH, Circuit Judges.

Defendants Orlando Cortez-Nieto and Jesus Cervantes-Aguilar were convicted by a jury of four methamphetamine offenses committed within 1,000 feet of a playground. After their convictions Defendants filed motions for judgment of acquittal. The district court granted the motions in part, setting aside the convictions on the ground...

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