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U.S. v. BALTHAZARD

Nos. 03-1338, 03-1343.

360 F.3d 309 (2004)

UNITED STATES of America, Appellee, v. Stephen J. BALTHAZARD, Defendant, Appellant. United States of America, Appellee, v. Steven J. Souve, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 15, 2004.

Attorney(s) appearing for the Case

John F. Cicilline, for appellants.

Donald C. Lockhart, Assistant United States Attorney, with whom Craig N. Moore, United States Attorney, and Gerard B. Sullivan, Assistant United States Attorney, were on brief for the United States.

Before LIPEZ, Circuit Judge, COFFIN, Senior Circuit Judge, and BARBADORO, District Judge.

BARBADORO, District Judge.

Stephen Balthazard and Steven Souve were convicted of participating in a conspiracy to manufacture more than 1,000 marijuana plants. Defendants challenge their convictions on a host of grounds, the most significant of which depend upon the premise that the government proved at most that they were involved in a series of short-lived uncharged marijuana growing conspiracies rather than the single conspiracy described in the indictment. Arguing...

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