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U.S. v. LOPEZ GARCIA

Nos. 10-1913, 10-1914.

672 F.3d 58 (2012)

UNITED STATES of America, Appellee, v. Ciro LOPEZ GARCIA, Defendant, Appellant. United States of America, Appellee, v. Marco Garcia, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided February 24, 2012.

Attorney(s) appearing for the Case

Roberto J. Yzaguirre , with whom Yzaguirre & Chapa, was on brief, for appellant Ciro Lopez Garcia.

Joseph M. Wrobleski, Jr. for appellant Marco Garcia.

Seth R. Aframe , Assistant United States Attorney, with whom John P. Kacavas , United States Attorney, was on brief, for appellee.

Before SELYA, Circuit Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

SOUTER, Associate Justice.

The defendant-appellants, Ciro Lopez Garcia ("Lopez") and Marco Garcia ("Garcia") were convicted of conspiracy to distribute cocaine, and to possess it with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A)(ii), and 846. Lopez claims that the evidence was insufficient to prove him a conspirator, and in the alternative he challenges the sentencing judge's finding of the amount of the drug attributable to...

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