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U.S. v. CRUZ-MERCADO

Nos. 03-1077, 03-1078.

360 F.3d 30 (2004)

UNITED STATES of America, Appellee, v. Jose Omar CRUZ-MERCADO, Defendant, Appellant. United States of America, Appellee, v. Victor Fajardo-Velez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided March 2, 2004.

Rehearing and Suggestion for Rehearing Denied April 2, 2004.

Attorney(s) appearing for the Case

Gary H. Montilla with whom Luis A. Plaza, Osvaldo Carlo Linares and Lausell & Carlo, PSC were on brief for appellant Fajardo-Velez.

Ignacio Rivera-Cordero for appellant Cruz-Mercado.

Nelson Perez-Sosa, Assistant United States Attorney, with whom H.S. Garcia, United States Attorney, and Sonia I. Torres-Pabon, Assistant United States Attorney, were on brief for appellee.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and SMITH, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 2, 2004.

COFFIN, Senior Circuit Judge.

Appellants Victor Fajardo-Velez and Jose Omar Cruz-Mercado were the Secretary and Associate Secretary of the Puerto Rico Department of Education (PRDE) when they devised an extortion and kickback scheme that allegedly involved fraudulent payments of more than $4.3 million in cash and property from PRDE contractors. Appellants entered into separate cooperation...

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