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U.S. v. MONTILLA-RIVERA

No. 98-1729.

171 F.3d 37 (1999)

UNITED STATES of America, Appellee, v. Fernando MONTILLA-RIVERA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 22, 1999.

Attorney(s) appearing for the Case

Marlene Aponte Cabrera, by appointment of the Court, for appellant.

Camille Velez-Rive, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and Jose A. Quiles-Espinosa, Senior Litigation Counsel, were on brief for appellee.

Before BOUDIN, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.

COFFIN, Senior Circuit Judge.

Federal agents arrested defendant-appellant Fernando Montilla Rivera ("Montilla") in a drug sting, along with Miguel Calderón ("Calderón") and Ramon Zorilla ("Zorilla"). While Calderón and Zorilla were directly involved in the transaction, the government claimed that Montilla was the lookout. After a four day jury trial, Montilla was convicted. He subsequently sought a new trial based on previously unavailable evidence...

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