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U.S. v. CAMPUZANO

Nos. 772, 615, Dockets 89-1371, 89-1373.

905 F.2d 677 (1990)

UNITED STATES of America, Appellee, v. Dalmiro Eduardo CAMPUZANO and John Jario Rios, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 11, 1990.

Attorney(s) appearing for the Case

William F. Lally, Jr., Valatie, N.Y., for defendant-appellant Dalmiro Eduardo Campuzano.

Robert W. Linville, Albany, N.Y., for defendant-appellant John Jario Rios.

Barbara D. Cottrell, Asst. U.S. Atty. (Frederick J. Scullin, Jr., U.S. Atty., George A. Yanthis, Asst. U.S. Atty., N.D.N.Y., Albany, N.Y., of counsel), for appellee.

Before LUMBARD, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Appellants Dalmiro Eduardo Campuzano and John Jario Rios appeal from their convictions by a jury in the Northern District of New York for conspiracy to distribute narcotics and from the sentences imposed by Judge Gagliardi. Rios and Campuzano challenge the jury instruction as to the elements of the crime charged and the district court's determination of the applicable base offense level under the Sentencing...

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