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U.S. v. ROSARIO-DIAZ

Nos. 98-2151 to 98-2153, 98-2328, 99-1015.

202 F.3d 54 (2000)

UNITED STATES, Plaintiff, Appellee, v. Ralph ROSARIO-DIAZ, a/k/a Juni, Defendant, Appellant. United States, Plaintiff, Appellee, v. Wilson Montalvo Ortiz, a/k/a Willie Barber, Defendant, Appellant. United States, Plaintiff, Appellee, v. Juan Antonio Baez-Jurado, a/k/a Papo, Defendant, Appellant. United States, Plaintiff, Appellee, v. Wilfredo Lopez-Morales, Defendant, Appellant. United States, Plaintiff, Appellee, v. Ada Melendez-Garcia, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 31, 2000.

Attorney(s) appearing for the Case

Rachel Brill and Bruce J. McGiverin, by appointment of the Court, were on consolidated brief, for appellants Ralph Rosario-Díaz and Wilson Montalvo-Ortiz.

Lydia Lizarribar-Masini and Ramón García, by appointment of the Court, were on consolidated brief, for appellants Juan Antonio Báez-Jurado and Ada Meléndez-García.

Vilma María Dapena, by appointment of the Court, with whom Dapena & Dapena Law Offices was on brief, for appellant Wilfredo López-Morales.

Sonia I. Torres, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, Jorge E. Vega-Pacheco, Chief, Criminal Division, and Camille Vélez-Rivé, Assistant United States Attorney, were on brief, for appellee.

Before TORRUELLA, Chief Judge, CAMPBELL and WALLACE, Senior Circuit Judges.

TORRUELLA, Chief Judge.

Ralph Rosario-Díaz, Wilson Montalvo-Ortiz, Ada Meléndez-García, Juan Báez-Jurado, and Wilfredo López-Morales were each convicted on both counts of a grand jury indictment charging them with (1) aiding and abetting each other in a carjacking that resulted in the death of the victim, in violation of 18 U.S.C. §§ 2 & 2119(3); and (2) conspiring to commit that carjacking, in violation of 18 U.S.C. § 371...

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