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U.S. v. NIEVES-BURGOS

No. 94-1370.

62 F.3d 431 (1995)

UNITED STATES, Appellee, v. Frank NIEVES-BURGOS, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 14, 1995.

Attorney(s) appearing for the Case

Juan R. Acevedo-Cruz, by Appointment of the Court, Hato Rey, PR, for appellant.

John F. DePue, Atty., Dept. of Justice, with whom Guillermo Gil, U.S. Atty., Washington, DC, Warren Vázquez, Asst. U.S. Atty., Hato Rey, PR, and Nina Goodman, Atty., Dept. of Justice, Washington, DC, were on brief for appellee.

Before TORRUELLA, Chief Judge, BOUDIN, Circuit Judge, and BOYLE, Senior District Judge.

FRANCIS J. BOYLE, Senior District Judge.

This case presents two issues concerning the conviction of the appellant, Frank Nieves-Burgos, for use of a firearm during a drug-trafficking offense in violation of 18 U.S.C. § 924(c)(1). Nieves-Burgos asserts, first, that the jury's general verdict of guilty on the firearm charge is ambiguous and must be set aside, as it was returned on a single charge containing three alleged violations, two of which were not supported...

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