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U.S. v. LOPEZ

Nos. 91-10274, 91-10393.

4 F.3d 1455 (1993)

UNITED STATES of America, Plaintiff-Appellant, v. Jose Orlando LOPEZ, Defendant-Appellee. UNITED STATES of America, Plaintiff-Appellant, v. Jose Orlando LOPEZ, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 17, 1993.

As Amended September 22, 1993.

Motion to Strike, Correct or Amend Denied September 22, 1993.

Attorney(s) appearing for the Case

Joseph Douglas Wilson and F. Dennis Saylor, IV, U.S. Dept. of Justice, Washington, DC, for plaintiff-appellant.

William L. Osterhoudt, San Francisco, CA, for defendant-appellee.

Kevin M. Kelly, Las Vegas, NV, for amicus curiae Nevada Attys. for Crim. Justice.

Walter Barthold and Charles Stillman, New York City, for amicus curiae American College of Trial Lawyers.

Philip M. Brooks, Deputy State Public Defender, San Francisco, CA, for amicus curiae Office of the CA State Public Defender.

John T. Philipsborn, San Francisco, CA, for amicus curiae CA Attys. for Crim. Justice.

Before: FLETCHER, POOLE, and T. G. NELSON, Circuit Judges.

POOLE, Circuit Judge:

I.

Jose Lopez was indicted for conspiracy to distribute and distribution of cocaine and heroin in violation of 21 U.S.C. §§ 846 and 841(a)(1), and for aiding and abetting in violation of 18 U.S.C. § 2. While awaiting trial, Lopez was detained with a codefendant, Antonio Escobedo, at the Federal Correctional Institution at Pleasanton.

Lopez retained attorney Barry Tarlow to represent him. Tarlow informed Lopez...

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