U.S. v. RIVERA-SANTIAGO

Nos. 87-1580, 87-1581, 87-1583, 87-1649, 87-1650 and 87-1582.

872 F.2d 1073 (1989)

UNITED STATES of America, Appellee, v. Antonio RIVERA-SANTIAGO, a/k/a Junior Vivique, Defendant, Appellant. UNITED STATES of America, Appellee, v. Nestor CANCEL-HERNANDEZ, a/k/a Papo, Defendant, Appellant. UNITED STATES of America, Appellee, v. Edwin ROMERO-LOPEZ, Defendant, Appellant. UNITED STATES of America, Appellee, v. Henry CASTRO-POUPART, a/k/a Quique, Defendant, Appellant. UNITED STATES of America, Appellee, v. Luis ROMERO-LOPEZ, a/k/a Nando, Defendant, Appellant. UNITED STATES of America, Appellee, v. Manuel ORTIZ-ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Heard January 13, 1989.

Decided March 30, 1989.

As Amended April 5, 1989.


Attorney(s) appearing for the Case

Ricardo L. Rodriguez Padilla for appellant Antonio Rivera-Santiago.

Eric M. Cohen with whom Jack R. Blumenfeld and Blumenfeld & Cohen, Coral Gables, Fla., were on brief for appellant Nestor Cancel-Hernandez.

Rafael F. Castro Lang, San Juan, P.R., by Appointment of the Court, for appellant Edwin Romero-Lopez.

Seth M. Kalberg, Jr., Boston, Mass., by Appointment of the Court, for appellant Henry Castro-Poupart.

Francis C. Newton, III, Arlington, Mass., by Appointment of the Court, for appellant Luis Romero-Lopez.

Miriam Ramos-Grateroles, by Appointment of the Court, for appellant.

Mervyn Hamburg, Dept. of Justice, Washington, D.C., with whom Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., was on brief for the United States.

Before BOWNES, BREYER and TORRUELLA, Circuit Judges (No. 87-1582).


BOWNES, Circuit Judge.

The six defendants-appellants were all convicted by a jury under count one of a nine count indictment of being part of a conspiracy with intent to possess and distribute amounts of marihuana,1 in violation of 21 U.S.C. §§ 841(a)(1) and 846. The marihuana had been smuggled into Puerto Rico from Colombia on four different occasions. Each of the defendants was also found guilty of one or more of the other...

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