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U.S. v. RODRIGUEZ

No. 92-1325.

975 F.2d 404 (1992)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos RODRIGUEZ, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 1992.

Attorney(s) appearing for the Case

James P. Fleissner, Asst. U.S. Atty., Susan E. Cox, William D. Shaver, Asst. U.S. Atty. (argued), Crim. Div., Barry R. Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, for plaintiff-appellant.

Marvin Bloom (argued), Chicago, Ill., for defendant-appellee.

Before CUMMINGS, COFFEY, Circuit Judges, and WOOD, Jr., Senior Circuit Judge.

COFFEY, Circuit Judge.

A grand jury indicted Carlos Rodriguez, Cesar Hernandez, and Julio Gil for conspiracy to distribute five kilograms of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. In a pretrial order, the district court ruled that statements made by Hernandez and Gil could not be admitted against Rodriguez because the Government had not presented sufficient evidence to demonstrate that Rodriguez was a member of the charged drug conspiracy...

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