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U.S. v. ALVARADO

Nos. 85-5278, 85-5280.

838 F.2d 311 (1988)

UNITED STATES of America, Plaintiff/Appellee, v. Gustavo ALVARADO, Defendant/Appellant. UNITED STATES of America, Plaintiff/Appellee, v. Oscar OQUELI-HERNANDEZ, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided May 18, 1987.

Amended January 28, 1988.

Attorney(s) appearing for the Case

Marilyn E. Butler, Federal Public Defender, Joseph F. Walsh, Los Angeles, Cal., for defendants-appellants.

Manuel A. Medrano, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before J. BLAINE ANDERSON, CANBY and WIGGINS, Circuit Judges.

AMENDED OPINION

J. BLAINE ANDERSON, Circuit Judge:

Gustavo Alvarado (Alvarado) and Oscar Oqueli-Hernandez (Oqueli) were indicted for conspiring to import (Count I), for importing (Count II), and for possessing with the intent to distribute (Count III), 12.7 kilograms of cocaine. A jury found both guilty on all counts. Alvarado and Oqueli sought a new trial charging that: 1) the trial judge gave an erroneous jury instruction, and 2) the prosecutor in his...

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