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U.S. v. ALVAREZ

Nos. 01-10686, 02-10260.

358 F.3d 1194 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Francisco Javier ALVAREZ, a.k.a. Frank Javier Alvarez, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Richard Valenzuela, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed February 25, 2004.

Attorney(s) appearing for the Case

Pamela M. Katzenberg, Tucson, Arizona, S. Jonathan Young, Law Offices of Williamson & Young, P.C., Tucson, Arizona, for the defendants-appellants.

Paul K. Charlton, United States Attorney, Robert L. Miskell, Chief, Criminal Division, Christina M. Cabanillas, Deputy Chief, Appellate Section, Richard E. Gordon, Assistant U.S. Attorney, and James T. Lacey, Assistant U.S. Attorney, United States Attorney's Office for the District of Arizona, Tucson, Arizona, for the plaintiff-appellee.

Before: Alex KOZINSKI and Thomas G. NELSON, Circuit Judges, and Jane A. RESTANI, Judge.

Argued and Submitted August 5, 2003 — Pasadena, California.

RESTANI, Judge:

I. INTRODUCTION

Francisco Javier Alvarez appeals his jury conviction and sentence for one count of conspiracy to possess with intent to distribute cocaine in excess of five kilograms in violation of 21 U.S.C. § 841(a)(1), (b)(1)(A), and § 846 (2000), a Class A felony. Richard Valenzuela appeals his jury conviction of conspiracy to possess with intent to distribute...

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