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U.S. v. RIVERA

Nos. 217, 17 and 18, Dockets 87-1053, 87-1054 and 87-1131.

844 F.2d 916 (1988)

UNITED STATES of America, Appellee, v. Peter RIVERA, Jr., a/k/a "Little Pete", Pedro Rivera, Sr., Sonia Rivera, August Laguer, Defendants. Appeal of Pedro RIVERA, Sr., Sonia Rivera, August Laguer, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 18, 1988.

Attorney(s) appearing for the Case

Arthur Mercado, Asst. U.S. Atty., S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., Kerri L. Martin, Asst. U.S. Atty., of counsel), for appellee.

Baden Kramer Huffman & Brodsky, New York City (Richard L. Huffman, New York City, for defendant-appellant Sonia Rivera.

Dwight L. Greene, Hofstra Law School, Hempstead, N.Y., for defendant-appellant Laguer.

Frederick H. Block, New York City, for defendant-appellant Pedro Rivera.

Before PRATT, MAHONEY, Circuit Judges, and BRIGHT, Senior Circuit Judge, for the Eighth Circuit (sitting by designation).

GEORGE C. PRATT, Circuit Judge:

After a mistrial, we affirmed Judge Walker's denial of defendants' motions for double jeopardy dismissals of the indictment. United States v. Rivera, 802 F.2d 593 (2d Cir.1986). On the second trial Sonia Rivera, Pedro Rivera, and August Laguer were convicted of conspiracy to possess and distribute heroin. In addition, the Riveras were both convicted of two substantive counts of heroin distribution...

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