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U.S. v. FRANCO

Nos. 95-50615, 96-50029 and 96-50021.

136 F.3d 622 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Salvador FRANCO; Francisco J. Herrera-Flores, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Jose Eliodoro TOPETE, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted August 13, 1997.

Decided February 11, 1998.

Attorney(s) appearing for the Case

Gerald Werksman, Newport Beach, CA; William J. Genego, Santa Monica, CA; Yolanda M. Barrera, Los Angeles, CA, for defendants-appellants.

J. Daniel McCurrie, Assistant United States Attorney, Santa Ana, CA, for plaintiff-appellee.

Before: CANBY and THOMAS, Circuit Judges, and KING, District Judge

Argued by Video-Conference Call and Submitted August 13, 1997.

CANBY, Circuit Judge:

Salvador Franco, Jose Eliodoro Topete, and Francisco Herrera-Flores appeal their jury convictions for possession of methamphetamine with intent to distribute, a violation of 21 U.S.C. § 841(a)(1). Franco and Topete also appeal their convictions for conspiracy to distribute methamphetamine, a violation of 21 U.S.C. § 846. Topete also challenges his sentence under...

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