UNITED STATES v. CRUZ-RIVERA

No. 19-1465, No. 19-1509.

14 F.4th 32 (2021)

UNITED STATES of America, Appellee, v. Ivan CRUZ-RIVERA, Defendant, Appellant. United States of America, Appellee, v. Carlos Jimenez, Defendant, Appellant.

United States Court of Appeals, First Circuit.

September 15, 2021.


Attorney(s) appearing for the Case

Syrie D. Fried , with whom Good Schneider Cormier & Fried was on brief, for appellant Cruz-Rivera.

Jamesa J. Drake , with whom Drake Law LLC was on brief, for appellant Jimenez.

Andrew C. Noll , Criminal Division, Appellate Section, U.S. Department of Justice, with whom Robert A. Zink , Acting Deputy Assistant Attorney General, Michelle L. Dineen Jerrett and Donald C. Lockhart , Assistant United States Attorneys, Brian C. Rabbitt , Acting Assistant Attorney General, and Andrew E. Lelling , United States Attorney, were on brief, for appellee.

Before Howard, Chief Judge, Thompson, Circuit Judge, and Katzmann, Judge.


A jury convicted defendants Ivan Cruz-Rivera ("Cruz-Rivera") and Carlos Jimenez ("Jimenez") each of one count of conspiracy to possess with intent to distribute and to distribute one hundred grams or more of heroin, in violation of 21 U.S.C. § 846, and one count of possession with intent to distribute and distribution of heroin...

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