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U.S. v. DIAZ-MARTINEZ

Nos. 95-1083, 95-1536.

71 F.3d 946 (1995)

UNITED STATES of America, Appellee, v. Edwin DIAZ-MARTINEZ, a/k/a Alexis El Boxeador, Defendant, Appellant. Edwin DIAZ-MARTINEZ, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided December 13, 1995.

Attorney(s) appearing for the Case

James Kousouros, Kew Gardens, NY, with whom Debra K. Kousouros, White Plains, NY, were on brief, for appellant.

Edwin O. Vazquez, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and José A. Quiles-Espinosa, Senior Litigation Counsel, were on brief, for the United States.

Before TORRUELLA, Chief Judge, CAMPBELL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Following a shootout near the Bayamon Judicial Center in Bayamon, Puerto Rico, defendant Diaz-Martinez was convicted of possessing firearms with obliterated serial numbers. He appeals, saying he was forced to go to trial with defense counsel not of his choosing, that the prosecutor improperly argued at closing, that his sentence was too harsh under the Guidelines, and that the statute under which he was convicted cannot withstand Commerce Clause...

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