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U.S. v. SALGADO

Nos. 99-5645, 99-5651.

250 F.3d 438 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. Luis SALGADO (99-5645); Wilfredo Jambu (99-5651), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 18, 2001.

Attorney(s) appearing for the Case

ARGUED: William Yesowitch, BARBER, BANASZYNSKI & ASSOCIATES, Louisville, Kentucky, Michael M. Losavio, Louisville, Kentucky, for Appellants. Alexander T. Taft, Jr., ASSISTANT UNITED STATES ATTORNEY, Louisville, Kentucky, for Appellee.

ON BRIEF: William Yesowitch, BARBER, BANASZYNSKI & ASSOCIATES, Louisville, Kentucky, Michael M. Losavio, Louisville, Kentucky, for Appellants.

Alexander T. Taft, Terry M. Cushing, ASSISTANT UNITED STATES ATTORNEY, Louisville, Kentucky, for Appellee.

Terry M. Cushing (briefed), Alexander T. Taft, Jr. (argued and briefed), Asst. U.S. Attorneys, Louisville, KY, for Plaintiff-Appellant.

William Yesowitch (argued and briefed), Barber, Banaszynski & Associates, Louisville, KY, Michael M. Losavio (argued and briefed), Louisville, KY, for Defendants-Appellants.

Before: BATCHELDER and COLE, Circuit Judges; GRAHAM, District Judge.

Pursuant to Sixth Circuit Rule 206

GRAHAM, D. J., delivered the opinion of the court, in which BATCHELDER, J., joined. COLE, J. (pp. 32-33), delivered a separate concurring opinion.

OPINION

GRAHAM, District Judge.

Appellants Luis Salgado (Case No. 99-5645) and Wilfredo Jambu (Case No. 99-5651) were named along with two other defendants, Francisco Portuondo-Gonzalez and Daniel Rosalez, in a two-count indictment filed on June 1, 1998 in the...

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