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ARROYO v. U.S.

No. 98-1957.

195 F.3d 54 (1999)

Omil ARROYO, Petitioner, Appellant, v. UNITED STATES of America, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 22, 1999.

Attorney(s) appearing for the Case

Stephen R. Kaplan, by appointment of the court, for petitioner.

Donald C. Lockhart, Assistant United States Attorney, with whom Margaret E. Curran, United States Attorney, and Richard W. Rose, Assistant United States Attorney, were on brief for the United States.

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

BOUDIN, Circuit Judge.

In 1995, Omil Arroyo was convicted by a jury and subsequently sentenced to 151 months in prison for possession with intent to deliver over 50 grams of cocaine base and over 500 grams of cocaine, in violation of 21 U.S.C. § 841(a)(1). His conviction was based in part on drugs and paraphernalia seized from an apartment leased by Arroyo and evidently used by him and his confederates to manufacture and store crack cocaine. On direct appeal...

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