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U.S. v. VICTORIA

Nos. 88, 111, Dockets 87-1068, 87-1070.

837 F.2d 50 (1988)

UNITED STATES of America, Appellee, v. Jose Arturo VICTORIA, Alfredo Maria Garcia-Cuartas, Harold Orejuela, Jimmy Vargas-Toro, Defendants, Harold Orejuela, Jimmy Vargas-Toro, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 12, 1988.

Attorney(s) appearing for the Case

Robert L. Herbst, New York City, for appellant Orejuela.

Justin Levine, New York City, for appellant Vargas-Toro.

Julie Copeland, Asst. U.S. Atty., New York City (Andrew J. Maloney, U.S. Atty. for the Eastern District of New York, Brooklyn, N.Y., of counsel) for appellee.

Before CARDAMONE, WINTER and MINER, Circuit Judges.

MINER, Circuit Judge:

Appellants, Harold Orejuela and Jimmy Vargas-Toro, appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York, convicting them, after a jury trial, of conspiracy to manufacture, distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(ii) (1982 & Supp. III 1985). The conspiracy charge was alleged in the first count of a three...

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