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U.S. v. GUTIERREZ-ZAMARANO

No. 93-50389.

23 F.3d 235 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Hector Gerardo GUTIERREZ-ZAMARANO, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1994.

Attorney(s) appearing for the Case

Eugene G. Iredale, San Diego, CA, for defendant-appellant.

David P. Curnow, Asst. U.S. Atty., San Diego, CA, for plaintiff-appellee.

Before: HALL, LEAVY, and FERNANDEZ, Circuit Judges.

Opinion by Judge CYNTHIA HOLCOMB HALL.

CYNTHIA HOLCOMB HALL, Circuit Judge:

Appellant Hector Gutierrez-Zamarano ("Appellant") was charged with conspiracy to possess cocaine with the intent to distribute and attempted possession of cocaine with the intent to distribute in violation of 21 U.S.C. §§ 841(a)(1) and 846. A jury acquitted Appellant on the conspiracy count, but convicted him on the attempt count. The district court granted Appellant's motion...

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