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U.S. v. CRUZ

Nos. 249, 264, Dockets 89-1200, 89-1236.

894 F.2d 41 (1990)

UNITED STATES of America, Appellee, v. Carlos CRUZ and Luis Olivier, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 9, 1990.

Attorney(s) appearing for the Case

Abraham L. Clott (The Legal Aid Soc., Federal Defender Services Appeals Unit, New York City of counsel), for defendant-appellant Olivier.

Alexandra Rebay, Asst. U.S. Atty., New York City (Benito Romano, U.S. Atty. for the S.D.N.Y., Vincent L. Briccetti, Asst. U.S. Atty., of counsel), for appellee.

Philip Katowitz, Brooklyn, N.Y., for defendant-appellant Cruz.

Before MINER and MAHONEY, Circuit Judges, and CARMAN, Judge.

MINER, Circuit Judge:

This appeal involves the exclusion of two pieces of evidence from a drug distribution and conspiracy trial. On February 2, 1989, defendant-appellant Luis Olivier was convicted, with Carlos Cruz1, of one count of conspiracy to distribute over 500 grams of cocaine, in violation of 21 U.S.C. § 846 (1982), and one count of possession of over 500 grams of cocaine with intent to distribute, in violation of 21 U.S.C...

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