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U.S. v. COTA-LUNA

Nos. 17-3692/17-3694.

891 F.3d 639 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Alejandro COTA-LUNA (17-3692); Antonio Navarro-Gaytan (17-3694), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 4, 2018.

Attorney(s) appearing for the Case

ARGUED: Jaime P. Serrat , JAIME P. SERRAT LLC, Cleveland, Ohio, for Appellant in 17-3692. Terry H. Gilbert , FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellant in 17-3694. Duncan T. Brown , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee. ON BRIEF: Jaime P. Serrat , Marisa L. Serrat , JAIME P. SERRAT LLC, Cleveland, Ohio, for Appellant in 17-3692. Terry H. Gilbert , FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellant in 17-3694. Duncan T. Brown , UNITED STATES ATTORNEY'S OFFICE, Cleveland, Ohio, for Appellee.

CLAY, J., delivered the opinion of the court in which MOORE, J., joined, and KETHLEDGE, J., joined in the result. KETHLEDGE, J. (pp. 651-52), delivered a separate opinion concurring in the judgment.

OPINION

Defendants Alejandro Cota-Luna and Antonio Navarro-Gaytan appeal their convictions and sentences for conspiracy to possess with intent to distribute at least 92 kilograms of a mixture or substance containing cocaine, in violation of 21 U.S.C. §§ 841(a)(1), (b)(1)(A), and 846. For the reasons set forth...

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