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U.S. v. ZAPATA

No. CIV.A. 96-CR-120-B-01.

245 F.Supp.2d 1165 (2003)

UNITED STATES of America, Plaintiffs, v. Jose Pedro ZAPATA, Defendant.

United States District Court, D. Colorado.

February 14, 2003.

Attorney(s) appearing for the Case

Kerry Steven Hada, Kerry S. Hada, PC, Englewood, CO, James Eric Fahrenholtz, Fahrenholtz & Carey, Eagle, CO, for Jose Zapata.

Frank Joseph Mackey, III, U.S. Attorney's Office, Denver, CO, for U.S.

MEMORANDUM OPINION AND ORDER

BABCOCK, Chief Judge.

The government charges Mr. Zapata with three counts of possessing cocaine with the intent to distribute and with aiding and abetting the distribution of cocaine under 21 U.S.C. § 841(a)(1) and (b)(1)(C) and 18 U.S.C. § 2. Mr. Zapata moves to dismiss. The motion is adequately briefed and a hearing was held on February 5, 2003. For the reasons set forth below, I GRANT the motion.

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