United States v. Raul Montelongo and Ignacio Montelongo

RIVES, Circuit Judge:

Ignacio Montelongo appeals from a judgment of conviction based on a jury verdict finding him guilty as charged in Counts 1 and 2 of a three-count indictment (No. 72 — C-138 in the district court). Count 1 charged Ignacio, his brother Raul, and one Danny Lynn Sta-ley with conspiracy to distribute “a quantity of marihuana.” Count 2 charged Ignacio and Staley with possession with intent to distribute 422 grams of marihuana. Count 3 did not mention Ignacio, but charged Staley and Raul with distributing 422 grams of marihuana. Ignacio was sentenced to the custody of the…