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UNITED STATES v. BOTERO

Nos. 78-1413, 78-1414.

589 F.2d 430 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Diego BOTERO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robert Dennis CANTALUPO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing and Rehearing Denied January 22, 1979.

Attorney(s) appearing for the Case

Donald B. Ayer, Asst. U. S. Atty. (argued), San Francisco, Cal., for plaintiff-appellee.

N. Rommel Bondoc (argued), San Francisco, Cal., Michael Stepanian (argued), San Francisco, Cal., for defendants-appellants.

Before TRASK and SNEED, Circuit Judges, and CRAIG, District Judge.

Rehearing and Rehearing En Banc Denied January 22, 1979.

CRAIG, District Judge.

Appellants Diego Botero and Robert Dennis Cantalupo, based on a stipulated Statement of Facts, submitted to the District Court following waiver of jury trial, were found guilty of conspiracy to import cocaine, 21 U.S.C. § 952(a), 960 and 963; importation of cocaine, 21 U.S.C. § 952(a), and possession of cocaine with intent to distribute, 21 U.S.C. § 841(a)(1). Each...

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