U.S. v. ROBLES-MENDOZA

No. CRIM. 98-0296CCC.

106 F.Supp.2d 191 (2000)

UNITED STATES of America, Plaintiff, v. 1) Efrain ROBLES-MENDOZA, 2) Heriberto Echevarria, 3) German Heger-Fernandez, 4) Daniel Perez-Vazquez, Defendants.

United States District Court, D. Puerto Rico.

March 1, 2000.


Attorney(s) appearing for the Case

Guillermo Gil, U.S. Attorney, Desireé Laborde-Sanfiorenzo, Assistant U.S. Attorney, for Plaintiff.

Vilma María Dapena, Bayamon, PR, Luis Lugo-Emmanuelli, Fajardo, PR, Jorge Maldonado-Ríos, Bayamon, PR, for Defendants.


ORDER

CEREZO, District Judge.

During the consideration of the jurisdictional challenge, the Court, although convinced that there was a jurisdictional basis, adverted that the government's proffer of evidence with regard to milk allegedly adulterated and sold by defendant Robles-Mendoza to Tres Monjitas Dairy posed the potential for a material variance at trial. The concern stemmed from the fact that the government's proffer filed on October 31, 1999 (docket...

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