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Appeal from the United States District Court For the Western District of Texas

In a superseding indictment returned on June 21, 2000, Appellant Ismael Holguin Herrera (“Ismael”), along with Octavio Herrera (“Octavio”), Sergio Juarez, Jesus Lucero (“Lucero”), and four other individuals were charged in Count 1 with, from 1986 to on or about December 9, 1999, conspiracy to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. �� 841(a)(1) & 846. Ismael and Lucero were charged in Count 14 for aiding and abetting each other in the attempt to commit the offense of possession with intent to distribute more than 500 grams of cocaine, in violation of 18 U.S.C. � 2 and 21 U.S.C. �� 841(a)(1) & 846. Finally, Ismael was charged in Count 16 with, on or about December 9, 1999, knowingly possessing three specified firearms while an unlawful “user” of a controlled substance, in violation of 18 U.S.C. � 922(g)(3).

Ismael was tried by himself and was convicted of the three charged offenses by a jury. In a judgment filed on November 3, 2000, he was sentenced by the district court to imprisonment for 78 months on each count, to be served concurrently, supervised release for four years as to Counts 1 and 14, and three years as to Count 16, to be served concurrently. Ismael now appeals his conviction.

 
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