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U.S. v. COLON-ORTIZ

Nos. 88-1238, 88-1327.

866 F.2d 6 (1989)

UNITED STATES of America, Appellee, v. Edwin COLON-ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 24, 1989.

Attorney(s) appearing for the Case

Charles P. McGinty, Federal Defender Office, Boston, Mass., for defendant, appellant.

Kevin E. Sharkey, Sp. Asst. U.S. Atty., with whom Frank L. McNamara, Jr., U.S. Atty., Boston, Mass., was on brief, for appellee.

Before BOWNES and SELYA, Circuit Judges, and CAFFREY, Senior District Judge.

CAFFREY, Senior District Judge.

The defendant, Edwin Colon-Ortiz, appeals from the district court's denial of his motion to dismiss and the court's judgment of conviction. Ortiz entered a conditional plea of guilty to one count of conspiring to distribute more than 500 grams of cocaine in violation of 21 U.S.C. § 846 and one count of distributing more than 500 grams of cocaine in violation of 21 U.S.C. § 841(a)(1). Defendant argues that the penalty language...

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