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U.S. v. ALCANTARA

No. 02-1010, 03-1061.

396 F.3d 189 (2005)

UNITED STATES of America, Appellee, v. Diomedes ALCANTARA, also known as Lenox Estefan, also known as Josie Alcantara, also known as Diomedes Alcantara, also known as El Princepe, also known as Fnu Lnu; Edwin Pujols, also known as El Gordito; Jose Gilberto Deleon; Melbin Garcia; Ramon Emilio Rodriguez; Edison Antonio Genao-Almanzar; Marco Perez; Gonzalo Gasso, Defendants, Carlos Goiry, also known as The Engineer, Defendant-Appellant. United States of America, Appellee, v. Luz Marina Munoz, also known as Tusa, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 24, 2005.

Attorney(s) appearing for the Case

Anthony L. Ricco (John M. Rodriguez, on the brief), New York, NY, for Defendant-Appellant Carlos Goiry.

John A. Cirando, D.J. & J.A. Cirando, Esq., Syracuse, NY, for Defendant-Appellant Luz Marina Munoz.

Kim A. Berger & Miriam H. Baer, Assistant United States Attorneys (Marc L. Mukasey, Assistant United States Attorney, of counsel; James B. Comey & David N. Kelley, United States Attorneys for the Southern District of New York, on the briefs), New York, NY, for Appellee.

Before: WALKER, Chief Judge, CARDAMONE, WINTER, STRAUB, and LAY, Circuit Judges.

STRAUB, Circuit Judge.

Defendant-Appellant Carlos Goiry appeals from a judgment entered on January 10, 2002, by the United States District Court for the Southern District of New York (Shirley Wohl Kram, Judge), convicting him, after a guilty plea, of conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine, in violation of 21 U.S.C. §§ 812, 841(a)(1), 841(b)(1)(A), and 846. The District Court sentenced Goiry to...

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