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U.S. v. RODRIGUEZ

Nos. 97-2002, 97-2003, 97-2004.

162 F.3d 135 (1998)

UNITED STATES, Appellee, v. Miguel RODRIGUEZ, a/k/a Negrito, Defendant, Appellant. UNITED STATES, Appellee, v. John ROSARIO, Defendant, Appellant. UNITED STATES, Appellee, v. Hector FAMANIA, a/k/a Dilenge, a/k/a Talinge, Defendant, Appellant. Appeals from the United States District Court for the District of Massachusetts [Hon. Richard G. Stearns, U.S. District Judge]

United States Court of Appeals, First Circuit.

Decided December 7, 1998.

Rehearing and Suggestion for Rehearing Denied, January 20, 1999.

Attorney(s) appearing for the Case

Michael P. Doolin for Miguel Rodríguez.

James B. Krasnoo, by appointment of the Court, with whom Richard Briansky and Law Offices of James Krasnoo, were on brief, for John Rosario.

Michael J. Liston, by appointment of the Court, with whom Carr & Liston, was on brief, for Hector Famania.

Demetra Lambros, Attorney, U.S. Department of Justice, with whom Donald K. Stern, United States Attorney, and George W. Vien, Assistant United States Attorney, were on brief, for United States of America.

Before TORRUELLA, Chief Judge, BOWNES, Senior Circuit Judge, and LYNCH, Circuit Judge.

Rehearing and Suggestion for Rehearing En Banc Denied, January 20, 1999.

TORRUELLA, Chief Judge.

Following a jury trial, appellants Miguel Rodríguez, John Rosario, and Hector Famania were convicted of conspiracy to distribute cocaine base, in violation of 21 U.S.C. § 846. Rodríguez was additionally convicted on three counts of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841(a)(1), and of engaging in a...

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