U.S. v. GONZALES

No. 97-2277.

164 F.3d 1285 (1999)

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

United States Court of Appeals, Tenth Circuit.

January 7, 1999.


Attorney(s) appearing for the Case

David N. Williams, 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, NM, for appellant.

Jeffrey J. Buckels (Gail Evans and Billy R. Blackburn with him on the brief), Albuquerque, NM, for appellees.

Before ANDERSON, McKAY, and BRISCOE, Circuit Judges.


BRISCOE, Circuit Judge.

The government appeals the district court's order suppressing statements made by a witness and barring the government from calling the witness at several criminal trials. We affirm in part, reverse in part, and remand for further proceedings.

A federal grand jury returned an indictment in 1995 charging numerous alleged "Sureno 13" members with RICO, RICO conspiracy, murder, conspiracy to murder, attempted murder in aid of racketeering...

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