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U.S. v. DEL ROSARIO

Nos. 02-2377, 03-1006.

388 F.3d 1 (2004)

UNITED STATES of America, Appellee, v. Nelson J. DEL ROSARIO, Defendant, Appellant. United States of America, Appellee, v. Pedro Pacheco, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 1, 2004.

Attorney(s) appearing for the Case

Mauricio Hernandez Arroyo, by appointment of the court, on brief for appellant Del Rosario.

Rafael Anglada-Lopez, by appointment of the court, on brief for appellant Pacheco.

H.S. Garcia, United States Attorney, Sonia I. Torres-Pabón and Nelson Pérez-Sosa, Assistant United States Attorneys, on brief for appellee.

Before BOUDIN, Chief Judge, SELYA, Circuit Judge, and SCHWARZER, Senior District Judge.

SELYA, Circuit Judge.

A federal grand jury sitting in the District of Puerto Rico indicted defendants-appellants Nelson J. Del Rosario and Pedro Pacheco, along with a third man, Miguel Pérez, on charges of conspiring to distribute controlled substances. See 21 U.S.C. §§ 841(a), 846. The operative bill—the superseding indictment handed up on May 2, 2001—also charged Del Rosario with two counts of possession of large quantities of...

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