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U.S. v. BELTRAN-GUTIERREZ

Nos. 93-10146, 93-10147.

19 F.3d 1287 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Gutberto BELTRAN-GUTIERREZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Jose BELTRAN-CARDENAS, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 22, 1994.

Attorney(s) appearing for the Case

Sandra Lynn Slaton, Slaton Law Offices, Phoenix, AZ, for defendant-appellant (Beltran-Gutierrez).

Jared O. Smith, Tempe, AZ, for defendant-appellant (Beltran-Cardenas).

Mary H. Murguia, Asst. U.S. Atty., Phoenix, AZ, for plaintiff-appellee.

Before: ALARCON and FERNANDEZ, Circuit Judges, and WILSON, District Judge.

ALARCON, Circuit Judge:

Gutberto Beltran-Gutierrez (Gutierrez) appeals from the judgment of conviction for conspiracy to possess with intent to distribute heroin and possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(B)(i), and 18 U.S.C. § 2. He contends that his Fifth Amendment privilege against self incrimination was violated because the prosecutor introduced his...

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