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U.S. v. HILARIO-HILARIO

Nos. 06-1007, 06-1009, 06-1010, 06-1011, 06-1013.

529 F.3d 65 (2008)

UNITED STATES of America, Appellee, v. Leonardo HILARIO-HILARIO, Defendant, Appellant. United States of America, Appellee, v. Kennedi Martínez, Defendant, Appellant. United States of America, Appellee, v. Fernando José Milán, Defendant, Appellant. United States of America, Appellee, v. Delgadino Peguero, Defendant, Appellant. United States of America, Appellee, v. Santiago Rodríguez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 20, 2008.

Attorney(s) appearing for the Case

Michael S. Corona-Muñoz, by appointment of the court, for appellant Kennedi Martínez.

Juan J. Hernández-López de Victoria, by appointment of the court, with whom Hernández López de Victoria, PSC was on brief for appellant Delgadino Peguero.

Guillermo A. Macari-Grillo, by appointment of the court, for appellant Leonardo Hilario-Hilario.

Olga M. Shepard-De Mari, by appointment of the court, for appellant Fernando José Milán.

Eric M. Quetglas-Jordán, by appointment of the court, with whom Quetglas Law Offices was on brief for appellant Santiago Rodríguez.

Jacabed Rodríguez-Coss, Assistant United States Attorney, with whom Rosa Emilia Rodríguez-Vélez, United States Attorney, and Nelson Pérez-Sosa, Chief, Appellate Division, were on brief for appellee.

Before BOUDIN, Circuit Judge, SELYA, Senior Circuit Judge, and KEENAN, Senior District Judge.

BOUDIN, Chief Judge.

On December 3, 2004, a forty-foot-long wooden yawl carrying ninety-two aliens from the Dominican Republic capsized off the coast of Vega Alta, Puerto Rico, after a thirty-hour journey over rough seas from Cabeza del Toro, a beach in the Dominican Republic. The U.S. Coast Guard and Puerto Rico authorities brought eighty-five of the passengers safely to shore; seven others were confirmed dead at the scene.

Based on identifications made by...

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