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U.S. v. TAPIA-ORTIZ

Nos. 757, 332, Dockets 92-1435, 93-1322.

23 F.3d 738 (1994)

UNITED STATES of America, Appellee, v. Juan Antonio TAPIA-ORTIZ and Ernesto Velez-Morales, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 9, 1994.

Attorney(s) appearing for the Case

Barry E. Schulman, Schulman & Laifer, Esqs., Brooklyn, NY, for defendant-appellant Tapia-Ortiz.

Richard Ware Levitt, New York City, for defendant-appellant Velez-Morales.

Bridget M. Rohde, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty. for the E.D. of N.Y., David C. James, Asst. U.S. Atty., Brooklyn, NY, of counsel), for appellee.

Before: MINER and WALKER, Circuit Judges, and MUNSON, District Judge.

WALKER, Circuit Judge:

Defendants Juan Tapia-Ortiz and Ernesto Velez-Morales appeal from judgments entered in the United States District Court for the Eastern District of New York (Thomas C. Platt, Jr., Chief Judge), convicting them after a jury trial of conspiring to distribute heroin and cocaine in violation of 21 U.S.C. § 846, and of possessing cocaine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). Defendants argue that their...

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