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U.S. v. RODRIGUEZ

Nos. 91-5455, 91-5494 and 91-5751.

975 F.2d 999 (1992)

UNITED STATES of America, v. Miguel Angel RODRIGUEZ, Miguel Rodriguez, Appellant in 91-5455, Tony Anderson, Appellant in 91-5494, Francisco C. Martinez, a/k/a Francisco Collazo, Francisco Collazo-Martinez, Appellant in 91-5751.

United States Court of Appeals, Third Circuit.

Decided September 18, 1992.

Rehearing Denied November 13, 1992.

Attorney(s) appearing for the Case

Michael Chertoff, U.S. Atty., Edna B. Axelrod, Asst. U.S. Atty., Jose P. Sierra (argued), Asst. U.S. Atty., U.S. Dept. of Justice, Newark, N.J., for appellee.

Chester M. Keller (argued), Asst. Federal Public Defender, Newark, N.J., for appellant Miguel Rodriguez.

Rena Rothfeld (argued), Livingston, N.J., for appellant Tony Anderson.

Patrick A. Mullin, Hackensack, N.J., for appellant Francisco Collazo-Martinez.

Before: BECKER, COWEN and ROTH, Circuit Judges.

OPINION OF THE COURT

ROTH, Circuit Judge.

In these consolidated appeals from judgments in a criminal case, Miguel Rodriguez, Tony Anderson, and Francisco Collazo-Martinez challenge their sentences. Appellants contend primarily that the district court erred in finding that the boric acid and cocaine in the packages which they attempted to sell constituted a drug "mixture" under the note to Section 2D1.1(c) of the...

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