United States v. Robert Mitchell, Iii, United States of America v. Lawrence John Sposato, United States of America v. Richard Andrada

McWILLIAMS, Senior Circuit Judge.

On July 15,1999, an indictment was filed in the United States District Court for the District of Colorado naming Robert Mitchell, III (“Mitchell”), Lawrence John Sposa-to (“Sposato”), Richard Andrada (“Andra-da”) and six others as defendants (we are not here concerned with the other defendants). In Count 1, all defendants were charged with conspiring to distribute a controlled substance in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), 846. In Count 2, Mitchell was charged with possession of a controlled substance with an intent to distribute in violation of…