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U.S. v. RUDAS

No. 1134, Docket 89-1645.

905 F.2d 38 (1990)

UNITED STATES of America, Appellee, v. Oscar RUDAS, Juaquin Munoz Agudelo, Defendants, Appeal of Jose Elmer GIRALDO, Defendant.

United States Court of Appeals, Second Circuit.

Decided June 5, 1990.

Attorney(s) appearing for the Case

David B. Fein, Asst. U.S. Atty., S.D.N.Y., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Kerri Martin Bartlett, Asst. U.S. Atty., S.D.N.Y., of counsel), for appellee.

Lynne F. Stewart, New York City (Geoffrey S. Stewart, New York City, of counsel) for defendant-appellant Jose Elmer Giraldo.

Before LUMBARD, FEINBERG, and WINTER, Circuit Judges.

LUMBARD, Circuit Judge:

Jose Elmer Giraldo appeals from a judgment of conviction and sentence entered on December 4, 1989 (Mukasey, J.). After a two-day trial, a jury convicted Giraldo on September 22, 1989 of conspiracy to distribute, and to possess with intent to distribute, more than 500 grams of cocaine in violation of 21 U.S.C. § 846 (1988) and of possessing with intent to distribute more than 500 grams of cocaine in violation of 21 U.S.C. §§ 812...

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