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U.S. v. HERNANDEZ-ESCARSEGA

No. 86-5320.

886 F.2d 1560 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Donaciano HERNANDEZ-ESCARSEGA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn June 17, 1988.

Resubmitted September 12, 1989.

Decided October 4, 1989.

Attorney(s) appearing for the Case

Barry Tarlow and Mark O. Heaney, Los Angeles, Cal., for defendant-appellant.

Roger W. Haines, Jr., Asst. U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before HUG, KOZINSKI and NOONAN, Circuit Judges.

HUG, Circuit Judge:

On August 20, 1986, following an 18-day trial, a jury found Donaciano Hernandez-Escarsega ("Hernandez") guilty of a series of drug-related offenses. Specifically, the jury convicted Hernandez of conspiracy to import marijuana, in violation of 21 U.S.C. §§ 952, 960, and 963 (1982 & Supp. V 1987); conspiracy to possess marijuana with intent to distribute, in violation of 21 U.S.C. §§ 841 and 846 (1982 & Supp. V 1987);...

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