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U.S. v. DE LA CRUZ

Nos. 06-1659, 07-2515.

514 F.3d 121 (2008)

UNITED STATES of America; Plaintiff, v. Luis DE LA CRUZ, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 1, 2008.

Attorney(s) appearing for the Case

Paul J. Haley, with whom Law Office of Paul J. Haley was on brief, for appellant.

Jeffrey P. Singdahlsen, Attorney, U.S. Department of Justice Criminal Division, Appellate Section, with whom Michael J. Sullivan, United States Attorney, and Rachel E. Hershfang, Assistant United States Attorney, were on brief, for the United States.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge and STAFFORD, Senior District Judge.

STAFFORD, Senior District Judge.

Luis De La Cruz ("Defendant") appeals from the district court's final judgment of conviction entered on a jury verdict of "guilty" as to two offenses: (1) conspiracy to distribute and to possess with the intent to distribute one kilogram or more of heroin, in violation of 21 U.S.C. § 846 (Count One); and (2) possession with the intent to distribute and distribution of heroin, in violation of 21 U.S.C. § 841(a)(1) (Count Two...

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