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U.S. v. BELL

Nos. 90-5727, 90-5728.

954 F.2d 232 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Jorge BELL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lorenzo Rivas CRUZ, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 21, 1992.

As Amended March 2, 1992.

Attorney(s) appearing for the Case

Urs Roland Gsteiger, Petree, Stockton & Robinson, Winston-Salem, N.C., argued, for defendant-appellant Bell.

David Ferris Tamer, Law Offices of David F. Tamer, Winston-Salem, N.C., argued, for defendant-appellant Cruz.

Paul Alexander Weinman, Asst. U.S. Atty., Greensboro, N.C., argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for plaintiff-appellee.

Before MURNAGHAN, Circuit Judge, HERLONG, District Judge for the District of South Carolina, sitting by designation, and MERHIGE, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

MURNAGHAN, Circuit Judge:

On June 25, 1990, the United States Grand Jury for the Middle District of North Carolina returned a four count indictment against Gregorio Peguero, Jorge Bell, Lorenzo Cruz, Jose Fernandez, and Eustaquio Sosa. The five defendants were charged with conspiracy to possess with intent to distribute marijuana, "crack" cocaine, and cocaine, and with specific incident possession offenses.

All five defendants were charged...

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