10th Circuit Court to Hear Cases at Law School
08-2189 NM United States v. Daubon, Appellant
(Submitted on the Briefs)
Reproduced below are excerpts from each brief that summarize the issues.
NM United States v. Daubon, Appellant -
Mr. Daubon was charged by grand jury indictment with conspiring to distribute and possession with intent to distribute 100 or more kilograms of marijuana, in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(B), and of making a false claim to United States citizenship, contrary to 18 U.S.C. § 911. Following a jury trial, he was acquitted of the marijuana charges and convicted only of the false claim charge. He was sentenced to four months in the custody of the Bureau of Prisons. This sentence has been completed and he is in the custody of ICE.
NM United States v. Daubon, Appellant - APPELLEE'S ANSWER BRIEF
On April 22, 2008, a grand jury in the District of New Mexico returned a four-count indictment accusing defendant-appellant Herdel Ricardo Daubon and co-defendant Glenroy Neville James in count 1 with conspiracy to possess with intent to distribute marijuana and in count 2 with possession with the intent to distribute marijuana, in violation of 21 U.S.C. §§ 841 and 846. Doc. 17. The indictment also charged James in count 3 and Daubon in count 4 with false claim to United States citizenship.
NM United States v. Daubon, Appellant - DEFENDANT-APPELLANT’S REPLY BRIEF
The argument is as follows: The standard of review for sufficiency of the evidence does not change under the plain error standard; Mr. Daubon's testimony that he was confused about his citizenship status at the time of his arrest was corroborated.