U.S. v. ZAPATA

Nos. 06-1541, 06-1542, 06-1543, 07-1001, 07-1012.

540 F.3d 1165 (2008)

UNITED STATES of America, Plaintiff-Appellee, v. Arnoldo ZAPATA, a/k/a Lolo; Sergio Zapata-Hernandez, a/k/a Tito, a/k/a Titillo, a/k/a Lucas; Lilian Galvan, a/k/a Petunia, a/k/a Yiya; Jaime Zapata, a/k/a Rudy, a/k/a Jimmy, a/k/a Chasco; and Humberto Galvan, a/k/a Beto, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 9, 2008.


Attorney(s) appearing for the Case

Philip A. Cherner, Esq., Denver, CO, appearing for Appellant Sergio Zapata-Hernandez.

Richard N. Stuckey (Jennifer L. Gedde, with him on the briefs), Denver, CO, appearing for Appellant Jaime Zapata.

Martha Paluch, Assistant United States Attorney (Troy A. Eid, United States Attorney, with her on the brief), Office of the United States Attorney for the District of Colorado, Denver, CO, appearing for Appellee.

Submitted on the briefs:*

Robert S. Berger, Denver, CO, for Appellant Arnoldo Zapata.

Antony M. Noble, The Joffe Law Firm, Denver, CO, for Appellant Lilian Galvan.

Megan L. Hayes, Laramie, WY, for Appellant Humberto Galvan.

Before TACHA, KELLY, and McWILLIAMS, Circuit Judges.


TACHA, Circuit Judge.

Eighteen individuals, all members of the Zapata family or close family friends, were charged in a thirty-five-count indictment stemming from a large-scale cocaine trafficking scheme. Several of them pleaded guilty and testified against their co-defendants in exchange for reduced sentences. Five defendants ultimately were tried before a single jury and convicted of, among other counts, conspiring to distribute five kilograms or more of a substance...

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