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U.S. v. FRANKY-ORTIZ

No. 99-1113.

230 F.3d 405 (2000)

UNITED STATES of America, Appellee, v. Javier FRANKY-ORTIZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided October 24, 2000.

Attorney(s) appearing for the Case

Luis Rafael Rivera, by appointment of the court, on brief for appellant.

Jacabed Rodriguez-Coss, Assistant United States Attorney, with whom Guillermo Gil, United States Attorney, and Jorge E. Vega-Pacheco, Assistant United States Attorney, were on brief, for appellee.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.

SELYA, Circuit Judge.

On April 10, 1997, a federal grand jury sitting in the District of Puerto Rico returned a three-count indictment against a number of individuals. In Count 2 of the indictment, the grand jury charged several persons, including Javier Franky-Ortiz, with conspiring to distribute controlled substances in violation of 21 U.S.C. § 846. In Count 3 of the same indictment, the grand jury charged some of the same individuals, including Franky-Ortiz...

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