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U.S. v. RECIO

Nos. 99-30135, 99-30145.

226 F.3d 1087 (2000)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Jimenez RECIO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Adrian Lopez-Meza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2000.

Attorney(s) appearing for the Case

M. Karl Shurtliff, Pike & Shurtliff, Boise, Idaho, for defendant-appellant Recio; Thomas A. Sullivan, Wiebe & Fouser, Caldwell, Idaho, for defendant-appellant, Lopez-Meza.

Alan Burrow (argued), Assistant United States Attorney, Department of Justice, Boise, Idaho; Kim R. Lindquist (briefed), Assistant United States Attorney, Department of Justice, Boise, Idaho, for the plaintiff-appellee.

Before: BROWNING, FLETCHER, and GOULD, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

Francisco Jimenez Recio and Adrian Lopez-Meza appeal their convictions of conspiracy to possess with intent to distribute a controlled substance on the same grounds and Recio also appeals his conviction for possession with intent to distribute based on ineffective assistance of counsel.

Both argue the district court should have granted their motion for judgment of acquittal after both the first and second trials under United...

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