U.S. v. EDWARDO-FRANCO

Nos. 793, 776, 1383 and 1342, Dockets 88-1395, 88-1412, 88-1468 and 88-1469.

885 F.2d 1002 (1989)

UNITED STATES of America, Appellee, v. Luis EDWARDO-FRANCO, Rocio Gallego, a/k/a "Mariela Florez", Jorge Lopez and Sergio Castro-Munoz, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided August 29, 1989.


Attorney(s) appearing for the Case

Colleen P. Cassidy, The Legal Aid Society, Federal Defender Services Appeals Unit, New York City, for defendant-appellant Edwardo-Franco.

John M. Apicella, Brooklyn, N.Y., for defendant-appellant Gallego.

Susan G. Kellman, New York City, for defendant-appellant Lopez.

Thomas L. Ferro, Ridgewood, N.J. (Ferro and Ferro, Ridgewood, N.J., of counsel), for defendant-appellant Castro-Munoz.

Emily Berger, Asst. U.S. Atty., Brooklyn, N.Y. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., and John Gleeson, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for appellee.

Before OAKES, Chief Judge, VAN GRAAFEILAND and PRATT, Circuit Judges:


VAN GRAAFEILAND, Circuit Judge:

Following a jury trial in the United States District Court for the Eastern District of New York, Luis Edwardo-Franco, Rocio Gallego, Jorge Lopez and Sergio Castro-Munoz were convicted of conspiracy to possess cocaine with intent to distribute and possession with intent to distribute. Castro-Munoz also was convicted of using and carrying a firearm during and in relation to a drug-related crime. For the reasons that follow, we vacate...

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