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U.S. v. CASTRILLON

Docket Nos. 02-1319(L), 02-1371(XAP), 02-1367(CON), 02-1406(CON).

376 F.3d 46 (2004)

UNITED STATES of America, Appellee, v. John CASTRILLON and Jose Martinez Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: July 14, 2004.

Attorney(s) appearing for the Case

Preetinder Bharara, Assistant United States Attorney (David N. Kelley, United States Attorney, Southern District of New York, on the brief, Adam B. Siegel, of counsel), for Appellee.

Roy R. Kulcsar, New York, NY, for Defendant-Appellant Castrillon.

Maurice H. Sercarz, New York, NY, for Defendant-Appellant Martinez.

Before: CALABRESI and SOTOMAYOR Circuit Judges, and BERMAN, District Judge.

PER CURIAM.

Defendants-Appellants John Castrillon and Jose Martinez were convicted of conspiring to distribute and possess with intent to distribute more than one kilogram of heroin in violation of 21 U.S.C. §§ 841(b)(1)(A), 846. The district court (Stein, J.) sentenced each defendant to 120 months' imprisonment. Appealing their convictions and sentences, Defendants claim that the district court failed to instruct the jury that, in order to convict...

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