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U.S. v. RIOS

No. 05-50000.

449 F.3d 1009 (2006)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert L. RIOS, Jr., a/k/a Seal C, a/k/a Gilbert Lopez, Jr., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 2006.

Attorney(s) appearing for the Case

Jerry D. Whatley, Santa Barbara, CA, for the defendant-appellant.

Andrea L. Russi, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee.

Before: McKEOWN and BERZON, Circuit Judges, and KING, District Judge.

BERZON, Circuit Judge:

Gilbert Rios, Jr. (Rios) was convicted by a jury of seven counts relating to a conspiracy with his father, Gilbert Lopez Rios, Sr. (Rios, Sr.) and his grandmother, Martha Lopez Rios (Martha Rios), to buy prescription drugs with fraudulent prescriptions from the Ar-Ex Pharmacy in Los Angeles and then sell the drugs elsewhere for profit. Rios was convicted of (1) one count of conspiracy to distribute and possession with intent to distribute controlled...

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