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UNITED STATES v. HERRERA

No. 19-2126, No. 19-2141, No. 19-2195.

51 F.4th 1226 (2022)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos HERRERA, a/k/a Lazy, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Daniel Sanchez, a/k/a Dan, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Anthony Ray Baca, a/k/a Pup, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED October 27, 2022.

Attorney(s) appearing for the Case

Ryan J. Villa , The Law Office of Ryan J. Villa, Albuquerque, New Mexico, for Defendant-Appellant Carlos Herrera; Josh Lee , Assistant Federal Public Defender, Office of the Federal Public Defender, Districts of Colorado and New Mexico ( Virginia L. Grady , Federal Public Defender, with him on the briefs), Denver, Colorado, for Defendant-Appellant Daniel Sanchez; and Theresa M. Duncan , Duncan Earnest LLC, Santa Fe, New Mexico, for Defendant-Appellant Anthony Ray Baca.

Richard Williams , Assistant United States Attorney ( Fred J. Federici , Acting United States Attorney, with him on the briefs), Las Cruces, New Mexico, for Plaintiff-Appellee.

Before BACHARACH, BRISCOE, and McHUGH, Circuit Judges.

TABLE OF CONTENTS

1. Mr. Herrera, Mr. Sanchez, and Mr. Baca were convicted of violating VICAR....1240

A. The district court severed the case into multiple trials....1240

B. The government continued to furnish discovery during and even after the trial....1240

C. The government furnished...

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