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U.S. v. RUIZ-BATISTA

No. 91-1322.

956 F.2d 351 (1992)

UNITED STATES of America, Appellee, v. Elvis Leonidas RUIZ-BATISTA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 7, 1992.

Attorney(s) appearing for the Case

Wayne R. Foote, for defendant, appellant.

F. Mark Terison, Asst. U.S. Atty., with whom Richard S. Cohen, U.S. Atty., was on brief, for appellee.

Before TORRUELLA, Circuit Judge, ALDRICH, Senior Circuit Judge, and SELYA, Circuit Judge.

BAILEY ALDRICH, Senior Circuit Judge.

Defendant Ruiz-Batista appeals from his conviction for possession of a controlled substance — cocaine — with intent to distribute, 21 U.S.C. §§ 841(a)(1) and (b)(1)(C), and from his sentence. The alleged trial errors were admissions of instances of possession on prior occasions. Throughout the trial there were problems relating to whether defendant was going to claim entrapment. The court, ultimately ruling...

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