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U.S. v. BOONPHAKDEE

Nos. 067, 669, 068 and 166, Dockets 93-1718, 93-1735, 93-1743 and 93-1820.

40 F.3d 538 (1994)

UNITED STATES of America, Appellee, Cross-Appellant, v. Wanphen BOONPHAKDEE and Alba Lopez-Velasquez, Defendants, Juan Eduardo Milian, Carlos M. Francisco, also known as "Frank" and Jorge Rodriguez, Defendants-Appellants, Carlos M. Francisco, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 3, 1994.

Attorney(s) appearing for the Case

David H. Weiss, New York City, for defendant-appellant Juan Eduardo Milian.

Lynne F. Stewart, New York City, for defendant-appellant and cross-appellee Carlos M. Francisco.

Steven M. Bernstein, New York City, for defendant-appellant Jorge Rodriguez.

John F. Curran, Jr., Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., E.D., NY, Peter A. Norling, Asst. U.S. Atty., of counsel), for appellee and cross-appellant.

Before: OAKES, ALTIMARI and CABRANES, Circuit Judges.

JOSÉ A. CABRANES, Circuit Judge:

Appellants Juan Eduardo Milian, Carlos M. Francisco and Jorge Rodriguez appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York (Eugene H. Nickerson, Judge). Their appeal presents the question whether the district judge gave adequate emphasis to the defense theory in the jury charge. Because the district court included...

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