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U.S. v. BARRAGAN

Nos. 13-50516, 13-50518, 13-50525, 13-50531.

871 F.3d 689 (2017)

UNITED STATES of America, Plaintiff-Appellee, v. Jesus BARRAGAN, AKA Chito, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Hector Fernandez, aka Evil, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Francisco Gutierrez, aka Ammo, aka Bullet, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Pablo Franco, aka Casper, akaDwarf, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2017.

Attorney(s) appearing for the Case

John C. Lemon (argued), San Diego, California, for Defendant-Appellant Jesus Barragan.

Knut S. Johnson (argued) and Emerson Wheat , San Diego, California, for Defendant-Appellant Hector Fernandez.

Sanjay Sobti (argued), U.S. Law Center, Corona, California, for Defendant-Appellant Francisco Gutierrez.

Gary P. Gurcham , Burcham & Zugman, San Diego, California, for Defendant-Appellant Pablo Franco.

Helen H. Hong (argued), Assistant United States Attorney, Chief, Appellate Section, Criminal Division, United States Attorney's Office, San Diego, California, for Plaintiff-Appellee.

Before: Kermit V. Lipez, Carlos T. Bea, and Andrew D. Hurwitz, Circuit Judges.

OPINION

Jesus Barragan, Pablo Franco, Francisco Gutierrez, and Hector Fernandez were convicted of conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"); Barragan was also convicted of drug crimes. They appeal their convictions and sentences. Although we find a portion of the...

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