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U.S. v. ARAGON

Nos. 91-5042, 91-5056 to 91-5058.

983 F.2d 1306 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Pedro ARAGON, a/k/a Jose, a/k/a El Tigre, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Robertulio VIANA, a/k/a Robert Viana, a/k/a Carlos, a/k/a Jackal, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Fernando BOTERO, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jesus Walter JARAMILLO, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided January 14, 1993.

As Amended January 25, 1993.

Attorney(s) appearing for the Case

Richard Ware Levitt, Law Offices of Richard Ware Levitt, New York City, argued (Todd Merer, New York City, on brief for appellant Viana, Reemberto Diaz, Jose Batista, Diaz & Batista, P.A., Hialeah, FL, on brief for appellants Botero and Jaramillo), for appellants.

Scott Newton Schools, Asst. U.S. Atty., Charleston, S.C., argued (E. Bart Daniel, U.S. Atty., on brief), for appellee.

Before HALL and NIEMEYER, Circuit Judges, and TILLEY, United States District Judge for the Middle District of North Carolina, sitting by designation.

TILLEY, District Judge:

The appellants, Robertulio Viana, Fernando Botero, Jesus Jaramillo, and Pedro Aragon were charged with various crimes stemming from their involvement in a foiled plan to rescue a federal prisoner from the Charleston County, South Carolina jail on February 16, 1990. Each was convicted by a jury of: (1) conspiring to effect an escape, 18 U.S.C. §§ 371, 752; (2) obstructing justice, 18 U.S.C. § 1503; (3) violating the Travel Act...

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