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U.S. v. RIOS-CALDERON

Nos. 93-1583, 93-2706.

80 F.3d 194 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Juan RIOS-CALDERON and Daniel Nungaray-Robles, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided March 19, 1996.

Attorney(s) appearing for the Case

Barry Rand Elden, Chief of Appeals, James Shapiro (argued), Sergio E. Acosta, Office of U.S. Atty., Criminal Appellate Div., Chicago, IL, for U.S., in No. 93-1583.

Edwin R. McCullough (argued), Chicago, IL, for Juan Rios-Calderon.

Barry Rand Elden, Chief of Appeals, James Shapiro (argued), Office of U.S. Atty., Criminal Appellate Div., Chicago, IL, for U.S., in No. 93-2706.

Paul M. Brayman, Chicago, IL, for Daniel Nungaray-Robles.

Before ESCHBACH, MANION, and DIANE P. WOOD, Circuit Judges.

DIANE P. WOOD, Circuit Judge.

Juan Rios-Calderon and Daniel Nungaray-Robles were indicted, along with Enrique Martinez-Hernandez, on one count of conspiring to distribute five kilograms of cocaine, and one count of possessing the cocaine with intent to distribute, in violation of 21 U.S.C. §§ 846, 841(a)(1). Nungaray and Martinez went to trial before a jury, while Rios pleaded guilty to both counts on the day the trial began. The jury convicted his co-defendants...

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