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U.S. v. FIGUEROA-ENCARNACIÓN

Nos. 01-1460, 01-1788.

343 F.3d 23 (2003)

UNITED STATES of America, Appellee, v. Ramón FIGUEROA-ENCARNACIÓN, Defendant, Appellant. United States of America, Appellee, v. Alberto Medina, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided September 8, 2003.

Attorney(s) appearing for the Case

Bruce J. McGiverin, with whom María H. Sandoval were on brief, for appellant Ramón Figueroa-Encarnación.

Rachel Brill, for appellant Alberto Medina.

Thomas F. Klumper, Assistant United States Attorney, with whom H.S. García, United States Attorney, and Sonia I. Torres, Assistant United States Attorney, Chief, Criminal Division, were on brief, for appellee.

Before BOUDIN, Chief Judge, TORRUELLA and LIPEZ, Circuit Judges.

TORRUELLA, Circuit Judge.

Co-defendants and appellants Ramón Figueroa Encarnación ("Figueroa") and Alberto Medina ("Medina") were charged in a two count indictment with (1) aiding and abetting each other in the knowing, intentional and willful possession with intent to distribute of fifty grams of cocaine base (crack cocaine) in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2 ("drug count"); and (2) aiding and abetting each other in the knowing...

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