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  5. 912 F.2d 1542 (1989)
 

U.S. v. LOPEZ-PENA

Nos. 87-2003 through 87-2008.

912 F.2d 1542 (1989)

UNITED STATES of America, Appellee, v. Esnoel LOPEZ-PENA, Defendant, Appellant. UNITED STATES of America, Appellee, v. Hector BURGOS, a/k/a "Tito," Defendant, Appellant. UNITED STATES of America, Appellee, v. Elvin Perez SOTO and Fernando Rupert-Gonzalez, Defendants, Appellants. UNITED STATES of America, Appellee, v. Santos Jesus MARTINEZ-TORRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Luis Alfredo MARTINEZ-TORRES, Defendant, Appellant. UNITED STATES of America, Appellee, v. Epifanio MARTINEZ-TORRES, a/k/a "Fanny," Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 22, 1989.

As Amended December 1, 1989.

Attorney(s) appearing for the Case

Maria H. Sandoval, and Law Offices of Nachman & Fernandez-Sein, Santurce, P.R., on brief for movants Esnoel Lopez-Pena and Hector Burgos.

Luis R. Rivera, Old San Juan, P.R., and Marco Antonio Rigau, San Juan, P.R., on brief for movants Elvin Perez Soto and Fernando Rupert-Gonzalez.

Pia Gallegos, New York City, and Harry Anduze Montano, on brief, for movants Santos Jesus Martinez-Torres, Luis Alfredo Martinez-Torres and Epifanio Martinez-Torres.

J. Douglas Wilson, Atty., Dept. of Justice, Washington, D.C., Daniel F. Lopez-Romo, U.S. Atty., Hato Rey, P.R., and Jorge E. Vega-Pacheco, Asst. U.S. Atty., San Juan, P.R., on brief for the U.S.

Before SELYA and ALDRICH, Circuit Judges, and RE, Judge.

SELYA, Circuit Judge.

Defendants' appeals in these cases had been argued, the panel was agreed on an opinion, and publication was imminent when defendants moved to remand the cases with a direction to dismiss the indictment. Defendants' motions were based upon the announcement of United States v. Gomez, ___ U.S. ___, 109 S.Ct. 2237, 104 L.Ed.2d 923 (1989). In Gomez, a case arising from another circuit, the...

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