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U.S. v. DURAN

Nos. 98-50116, 98-50205, 98-50329.

189 F.3d 1071 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. Natividad DURAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Martin Roman, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Rodolfo Almaraz Mora, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1999.

Attorney(s) appearing for the Case

Michael M. Crain, Los Angeles, California, for defendant-appellant Mora; Karen L. Landau, Oakland, California, for defendant-appellant Roman; Joseph F. Walsh, Los Angeles, California, for the defendant-appellant Duran.

Patrick W. McLaughlin, Assistant United States Attorney, Los Angeles, California, for the plaintiff-appellee.

Before: BRUNETTI, RYMER and SILVERMAN, Circuit Judges.

RYMER, Circuit Judge:

Natividad Duran and Rodolfo Almaraz Mora appeal their jury convictions, and Martin Roman appeals his conviction pursuant to a guilty plea, for conspiracy to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. Roman also appeals his sentence. Their appeal raises two principal issues. With respect to the first, we conclude that although there was a variance in proof between the single conspiracy alleged in the indictment...

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