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U.S. v. GIL

Nos. 93-50458, 93-50646.

58 F.3d 1414 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. John Jario GIL, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Daniel MONTOYA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 6, 1995.

Attorney(s) appearing for the Case

Michael Ian Garey, Santa Ana, CA, for defendant-appellant Gil.

Gordon S. Brownell, San Francisco, CA, for defendant-appellant Montoya.

David A. Hoffer, Asst. U.S. Atty., Santa Ana, CA, for plaintiff-appellee.

Before: BROWNING, D.W. NELSON and HAWKINS, Circuit Judges.

MICHAEL DALY HAWKINS, Circuit Judge:

John Jario Gil, Daniel Montoya and Nanette Cruz were indicted for (1) conspiracy to possess cocaine with intent to distribute, and conspiracy to distribute cocaine, and (2) possession, with intent to distribute, of approximately 71 kilograms of cocaine, in violation of 21 U.S.C. §§ 846 and 841(a)(1). Gil and Montoya ("defendants") were convicted on both counts, and Cruz was convicted on the conspiracy count.

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