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UNITED STATES v. GAVIRIA

Nos. 1506, 1521, Dockets 85-1463, 86-1002.

805 F.2d 1108 (1986)

UNITED STATES of America, Appellee, v. Jorge William GAVIRIA and Victor Contreras, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 21, 1986.

Attorney(s) appearing for the Case

Debra D. Newman, Brooklyn, N.Y., Asst. U.S. Atty. for the E.D. of N.Y. (Andrew J. Maloney, U.S. Atty. for the E.D. of N.Y., Allyne R. Ross, Jane Simkin Smith, Asst. U.S. Attys., of counsel), for appellee.

Peter Fabricant, New York City (Paul E. Warburgh, Jr., Axelrod & Warburgh, of counsel), for defendant-appellant Gaviria.

Richard Levitt, New York City, for defendant-appellant Contreras.

Before PRATT and MINER, Circuit Judges, and RE, Chief Judge, United States Court of International Trade, sitting by designation pursuant to 28 U.S.C. § 293(a) (1982).

RE, Chief Judge:

Jorge William Gaviria and Victor Contreras, appeal from judgments of conviction following separate jury trials in the United States District Court for the Eastern District of New York. Both were convicted of conspiracy to possess cocaine with the intent to distribute, and of attempted possession of cocaine with the intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 846 (1982), and 18 U.S.C. § 2 (1982). Gaviria was also convicted...

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