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U.S. v. ROSALES

Nos. 05-30260, 05-30285.

516 F.3d 749 (2008)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Jaime Flores ROSALES, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 13, 2008.

Attorney(s) appearing for the Case

Allen R. Bentley, Seattle, WA, for the defendant-appellant-cross-appellee.

Todd L. Greenberg and Sarah Y. Vogel, Assistant U.S. Attorneys, John McKay, United States Attorney, Seattle, WA, for the plaintiff-appellee-cross-appellant.

Before: ALEX KOZINSKI, Chief Judge, RAYMOND C. FISHER, Circuit Judge, and ANDREW J. GUILFORD, District Judge.

GUILFORD, District Judge:

BACKGROUND

This appeal and cross-appeal arise from the conviction of Jaime Flores Rosales ("Rosales") for three drug offenses. After a long jury trial lasting most of June 2004, Rosales was convicted on one count of conspiring to distribute 500 grams or more of cocaine (Count 1), and two counts of possessing cocaine with the intent to distribute (Counts 5 and 6). In the same trial, the jury found that another defendant, co...

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