U.S. v. DELATORRE

No. 97-2357.

157 F.3d 1205 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Jason DELATORRE, aka J. Bone, Defendant-Appellee, and Cesar Gonzales, aka Cougar; Hector Gabriel Lopez, aka Shaggy; Uriel Martinez, aka Duke; Cesar Juarez, aka Pelon; Gustavo Azcuenaga, aka Mono; Luis Delcid, aka Stranger; Ernest Guevara, aka Yogi; Russell Barboa, aka Chino; John Acosta, aka Lefty; Byron Zamora, aka Trigger; Oscar Villa, aka Wino; Richard Acosta, aka Shorty; Roger Perciado, aka Cartoon; Jaime Villa, aka Psycho; Charles Taylor, aka Yogie; Uriel Bustamonte, aka Caps; Michael Mora, aka M & M; David Gallardo, aka Cyclone; Neal Polus, aka Troy Thompson, aka Evil; Frank Lara, aka Spooky; Marcos Mazzini, aka Lucky; Vincent Najar, aka Stalker, Defendants. Albuquerque Journal, Intervenor.

United States Court of Appeals, Tenth Circuit.

September 1, 1998.


Attorney(s) appearing for the Case

Thomas L. English, Assistant United States Attorney (John J. Kelly, United States Attorney and James R.W. Braun, Assistant United States Attorney, with him on the brief), Albuquerque, New Mexico, for Plaintiff-Appellant.

Jeffrey J. Buckels, Albuquerque, New Mexico, for Defendant-Appellee.

Before TACHA, BALDOCK, and KELLY, Circuit Judges.


BALDOCK, Circuit Judge.

According to the third superceding indictment, Defendant-Appellee Jason Delatorre is a member of an Albuquerque street gang engaged in crack cocaine trafficking. The indictment charges Delatorre in nineteen of its forty-eight counts with various gang-related crimes, including murder, attempted murder, improper use of firearms, drug trafficking, racketeering, and conspiracy. At issue in this interlocutory appeal is evidence which the Government...

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