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U.S. v. GARCIA

No. 94-2476.

45 F.3d 196 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando GARCIA, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 1995.

Attorney(s) appearing for the Case

Robert W. Kent, Jr., Asst. U.S. Atty. (argued), Criminal Div., Barry Rand Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, for plaintiff-appellee.

Paul A. Wagner, Chicago, IL (argued), for defendant-appellant.

Before CUDAHY, FLAUM, and EASTERBROOK, Circuit Judges.

CUDAHY, Circuit Judge.

Defendant Fernando Garcia appeals from his conviction for conspiracy to distribute and possess with intent to distribute multiple-ounce quantities of heroin and multiple-kilogram quantities of cocaine, in violation of 21 U.S.C. § 846. Garcia contends that the government failed to prove beyond a reasonable doubt that he participated either in aiding and abetting or in a conspiracy; in fact, he was no more than a sometime-observer who slept...

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