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UNITED STATES v. DEL TORO SOTO

Nos. 81-1184, 81-1169.

676 F.2d 13 (1982)

UNITED STATES of America, Appellee, v. Victor DEL TORO SOTO, Defendant-Appellant. UNITED STATES of America, Appellee, v. Francisco Rivera GONZALEZ, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided April 23, 1982.

Attorney(s) appearing for the Case

Carlos Lopez De Azua, Hato Rey, P. R., by appointment of the Court, for defendant-appellant Francisco Rivera-Gonzalez.

Marshall D. Stein, Boston, Mass., by appointment of the Court, with whom Hale, Sanderson, Byrnes & Morton, Boston, Mass., was on brief, for defendant-appellant Victor del Toro Soto.

H. Manuel Hernandez, Asst. U. S. Atty., Hato Rey, P. R., with whom Raymond L. Acosta, U. S. Atty., Hato Rey, P. R., was on brief, for appellee.

Before COFFIN, Chief Judge, BOWNES and BREYER, Circuit Judges.

BOWNES, Circuit Judge.

These are appeals by Victor del Toro Soto and Francisco Rivera Gonzalez from jury convictions of aiding and abetting each other in tearing, cutting, and injuring two United States mail pouches and stealing mail matter and money from a postal employee by the use of force and violence in violation of 18 U.S.C. §§ 2, 1706 and 2114.

We discuss the issues seriatim in descending order of importance starting with those raised by appellant...

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