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U.S. v. SANTOS

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

95 F.3d 116 (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.

Vacated and Remanded March 4, 1996.

Submitted May 21, 1996.

Decided May 22, 1996.

Petition for Rehearing Submitted July 5, 1996.

As Modified on Rehearing September 10, 1996.

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, Assistant United States Attorney, (Mary Jo White, United States Attorney, Alexandra Rebay, Assistant United States Attorney, Office of the United States Attorney for the Southern District of New York, New York City, of counsel), for Appellee.

Before: VAN GRAAFEILAND, JACOBS and CABRANES Circuit Judges.

PER CURIAM:

Defendants Elpidio Santos and Victor Alejo were convicted following a jury trial in the United States District Court for the Southern District of New York (Haight, J.), on three separate counts: conspiring to distribute and to possess with intent to distribute more than 500 grams of cocaine, in violation of 21 U.S.C. § 846; distributing and possessing with intent to distribute more than 500 grams of cocaine within 1000 feet of a school, in...

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