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U.S. v. SIMPSON

Nos. 92-10155, 92-10158.

10 F.3d 645 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Donald Lake SIMPSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo MOLINA, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Chris J. Kimminau, John G. Bogart, Tucson, AZ, for defendants-appellants.

David A. Kern and James D. Whitney, Asst. U.S. Attys., Tucson, AZ, for plaintiff-appellee.

Before: REINHARDT and LEAVY, Circuit Judges, and MERHIGE, Senior District Judge.

LEAVY, Circuit Judge:

Donald Lake Simpson (Simpson) and Rodolfo Molina, Jr. (Molina) appeal their convictions and sentences for conspiracy to distribute and to possess with intent to distribute 5 kilograms or more of cocaine in violation of 21 U.S.C. § 846. Simpson also appeals his conviction and sentence for possession of an unregistered firearm in violation of 26 U.S.C. §§ 5861(d) and 5871.

I. Conspiracy: Failure to Instruct on Overt Act...

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