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UNITED STATES v. GONZALEZ

No. 84-1052.

797 F.2d 915 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael GONZALEZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 3, 1986.

Attorney(s) appearing for the Case

Paul Morris (Stephen R. Rosen, with him on briefs), Miami, Fla., for defendant-appellant.

Donn F. Baker, U.S. Atty. (Roberta M. Klosiewicz, Asst. U.S. Atty., with him on brief), Muskogee, Okl., for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, LOGAN, Circuit Judge, and CARRIGAN, District Judge.

LOGAN, Circuit Judge.

Defendant, Rafael Gonzalez, appeals his convictions for conspiracy to import cocaine in violation of 21 U.S.C. §§ 952(a), 960 and 963, and conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. He argues that the district court incorrectly instructed the jury on withdrawal from a conspiracy and that the court should have ruled as a matter of law that he was innocent of the charge...

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