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U.S. v. RECIO

Nos. 99-30135, 99-30145.

371 F.3d 1093 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Jimenez RECIO, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Adrian Lopez-Meza, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 15, 2004.

Attorney(s) appearing for the Case

M. Karl Shurtliff, Pike & Shurtliff, Boise, ID, for defendant-appellant Recio; Thomas A. Sullivan, Wiebe & Fouser, Caldwell, ID, for defendant-appellant Lopez-Meza.

Thomas E. Moss, United States Attorney for the District of Idaho, Department of Justice, Boise, ID; Alan G. Burrow, Assistant United States Attorney, Department of Justice, Boise, ID, for the plaintiff-appellee.

Before: BROWNING, B. FLETCHER, and GOULD, Circuit Judges.

Opinion by Judge BROWNING; Dissent by Judge GOULD

JAMES R. BROWNING, Circuit Judge:

This case comes to us on remand from the United States Supreme Court. In United States v. Jimenez Recio, 537 U.S. 270, 123 S.Ct. 819, 154 L.Ed.2d 744 (2003) (Recio II), the Supreme Court overruled this Circuit's criminal conspiracy rule as set forth in United States v. Cruz,

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