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U.S. v. DiMARZO

Nos. 95-1441, 95-1442.

80 F.3d 656 (1996)

UNITED STATES of America, Appellee, v. Miguel DIMARZO, a/k/a Michael DiMarzo, Defendant, Appellant. UNITED STATES of America, Appellee, v. Mario J. ALZATE-YEPEZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 10, 1996.

Rehearing and Suggestion for Rehearing Denied May 13, 1996.

Attorney(s) appearing for the Case

David J. Wenc, Windsor, CT, for appellant DiMarzo.

Alan Black, with whom Morton & Black was on brief for appellant Alzate-Yepez.

Andrew Levchuk, Assistant United States Attorney, with whom Donald K. Stern, United States Attorney, Boston, MA, was on brief for appellee.

Before TORRUELLA, Chief Judge, CYR and LYNCH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 13, 1996.

CYR, Circuit Judge.

Appellants Mario Alzate-Yepez ("Mario" or "Alzate") and Miguel DiMarzo were jointly tried and convicted of possessing cocaine, with intent to distribute, see 21 U.S.C. § 841(a)(1) (1994), and conspiracy, see id. § 846. Appellants assign error by the district court in allowing certain trial testimony and denying their respective motions for judgments...

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