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U.S. v. GARZA

No. 04-2400.

435 F.3d 73 (2006)

UNITED STATES of America, Appellee, v. Victor GARZA, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 24, 2006.

Attorney(s) appearing for the Case

Jeffrey S. Levin, Assistant Federal Public Defender, Federal Defender Office, for appellant.

Mark E. Howard, Assistant United States Attorney, with whom Thomas P. Colantuono, United States Attorney, was on brief for appellee.

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

SCHWARZER, Senior District Judge.

Victor Garza appeals his conviction on two counts of distribution of crack cocaine. At trial, he claimed to have been a victim of mistaken identity, contending that it was his uncle Alejandro who participated in the drug deals for which he was convicted, not Garza. The jury rejected the claim and convicted Garza. On appeal Garza raises three contentions: that he was denied due process by reason of the state's destruction of the drugs...

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