UNITED STATES of America, Appellant,
v.
Rafael SANTANA and Francis Fuentes, Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard August 2, 1993.
Decided September 16, 1993.
Attorney(s) appearing for the Case
Kevin O'Regan, Asst. U.S. Atty., Springfield, MA, with whom A. John Pappalardo, U.S. Atty., Boston, MA, and Andrew Levchuk, Asst. U.S. Atty., Springfield, MA, were on brief, for appellant.
Leonard H. Cohen, with whom William A. Rota, Nancy A. Lyon, and Cain, Hibbard, Myers & Cook, Pittsfield, MA, were on brief, for appellee Santana.
Peter L. Ettenberg, with whom Gould & Ettenberg, P.C., Worcester, MA, was on brief, for appellee Fuentes.
Wendy Sibbison, Greenfield, MA, Burton Shostak, and Moline, Ottsen, Mauze, Leggat & Shostak, St. Louis, MO, on consolidated brief, for amici curiae MA Ass'n of Crim. Defense Lawyers and Nat. Ass'n of Crim. Defense Lawyers.
Before SELYA, CYR and BOUDIN, Circuit Judges.
United States Court of Appeals, First Circuit.
SELYA, Circuit Judge.
In the six decades since Justice Roberts noted that "[s]ociety is at war with the criminal classes," Sorrells v. United States,287 U.S. 435, 453, 53 S.Ct. 210, 216, 77 L.Ed. 413 (1932) (Roberts, J., dissenting), hostilities have escalated and armaments have grown more destructive. Here, the government's weapon was 13.3 grams of heroin, 92% pure, delivered into the stream of commerce as part of an effort...
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