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U.S. v. LOPEZ

Nos. 95-10366, 95-10394.

106 F.3d 309 (1997)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Jose Orlando LOPEZ, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 7, 1997.

Attorney(s) appearing for the Case

William L. Osterhoudt, Law Offices of William L. Osterhoudt, San Francisco, CA, for defendant-appellant-cross-appellee.

Albert S. Glenn, Assistant United States Attorney, San Francisco, CA, for plaintiff-appellee-cross-appellant.

Before: LAY, GOODWIN and SCHROEDER, Circuit Judges.

LAY, Circuit Judge:

In December 1989, defendant Jose Orlando Lopez was indicted for conspiracy to possess with intent to distribute and to distribute cocaine and heroin, in violation of 21 U.S.C. § 846, distribution of cocaine and heroin, in violation of 21 U.S.C. § 841(a)(1), and aiding and abetting in violation of 18 U.S.C. § 2. The district court originally dismissed the five-count indictment, finding that the government had engaged in misconduct...

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