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U.S. v. YEJE-CABRERA

Nos. 03-1329, 03-1510, 03-1874, 03-1969.

430 F.3d 1 (2005)

UNITED STATES of America, Appellee, v. Rafael YEJE-CABRERA, Defendant, Appellant. United States of America, Appellee, v. Wilfredo Pérez, Defendant, Appellant. United States of America, Appellee/Cross-Appellant, v. William Olivero, a/k/a K, a/k/a Alejandro, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided November 2, 2005.

Attorney(s) appearing for the Case

Joseph S. Oteri, with whom Kimberly Homan was on brief, for Rafael Yeje-Cabrera.

Juan Ortiz-Lebrón, for Wilfredo Pérez.

Lawrence D. Gerzog, for William Olivero.

Joseph C. Wyderko, Attorney, Criminal Division, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Heidi E. Brieger, Assistant United States Attorney, were on brief, for the United States of America.

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

LYNCH, Circuit Judge.

This case raises several issues of importance, including whether a district court may punish the prosecution by granting the defendant a lower than warranted sentence after trial because the government had engaged in "fact bargaining."

Three men, Rafael Yeje-Cabrera, Wilfredo Pérez, and William Olivero, were convicted, after a twenty-day jury trial, of conspiracy to possess with intent to...

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