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U.S. v. LEIVA

Nos. 90-1883, 90-1904.

959 F.2d 637 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael LEIVA and Jorge Rodriquez, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 26, 1992.

Rehearing Denied May 26, 1992.

Attorney(s) appearing for the Case

Brenda Atkinson, Criminal Div., Barry R. Elden, Jerome N. Krulewitch, argued, Asst. U.S. Attys., Criminal Receiving, Appellate Div., Chicago, Ill., for the U.S.

Sam Adam, Chicago, Ill., for Jorge Rodriquez.

Reemberto Diaz, argued, Diaz & Batista, Hialeah, Fla., for Rafael Leiva.

Before CUDAHY, EASTERBROOK, and KANNE, Circuit Judges.

KANNE, Circuit Judge.

A jury found Rafael Leiva and Jorge Rodriquez guilty of attempting to possess thirty kilograms of cocaine with intent to distribute, in violation of 21 U.S.C. § 846. Pursuant to the Sentencing Guidelines, the district judge sentenced Leiva to a term of 188 months imprisonment and Rodriquez to a term of 235 months. Leiva and Rodriquez raise several challenges to their convictions, and, alternatively, argue that the district judge erred in...

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