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U.S. v. SANTOS

Nos. 1881, 1882, Dockets 94-1602(L), 94-1618.

64 F.3d 41 (1995)

UNITED STATES of America, Appellee, v. Elpidio G. SANTOS, also known as Indio, and Victor Alejo, Defendants-Appellants, Juan Garcia, Defendant.

United States Court of Appeals, Second Circuit.

Decided July 28, 1995.

Attorney(s) appearing for the Case

Christine E. Yaris, New York City, for defendant-appellant Elpidio G. Santos.

Juan A. Campos, New York City, for defendant-appellant Victor Alejo.

David C. Esseks, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., Alexandra Rebay, Asst. U.S. Atty., for the S.D.N.Y., New York City, of counsel), for appellee.

Before VAN GRAAFEILAND, JACOBS, and CABRANES, Circuit Judges.

JACOBS, Circuit Judge:

Defendants-appellants Elpidio Gerardo Santos and Victor Alejo challenge their conviction and sentencing for use of a firearm equipped with a silencer during and in relation to a drug trafficking crime, pursuant to 18 U.S.C. § 924(c)(1). They argue that the evidence was insufficient to show beyond a reasonable doubt that the silenced firearm, which was in a paper bag stowed in an oven drawer, was "used" in the drug transaction for which...

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