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U.S. v. SANTOS BATISTA

No. 99-1061, 99-1062.

239 F.3d 16 (2001)

UNITED STATES, Appellee, v. Rafael Aries Santos Batista, aka Rafael Morales, Lenyn Ramos, Papo, Defendant, Appellant, United States, Appellee, v. Juan Gonzalez, aka Jose Polanco, Jose Rivera, Defendant, Appellant,

United States Court of Appeals, First Circuit.

Decided January 8, 2001.

Attorney(s) appearing for the Case

Irwin Kwiat for appellant Santos Batista.

William J. Murphy, by appointment of the Court, for appellant Gonzalez.

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

Before Selya, Boudin, and Stahl, Circuit Judges.

STAHL, Circuit Judge.

Juan Gonzalez and Rafael Aries Santos Batista were convicted by a jury of (1) conspiracy to distribute cocaine in violation of 21 U.S.C. § 846, and (2) possession of cocaine with the intent to distribute it in violation of 21 U.S.C. § 841(a)(1). Gonzalez and Batista were sentenced to 70 months and 210 months, respectively, as Batista was linked to more transactions than was Gonzalez. Both appeal their convictions on the basis of the...

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