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U.S. v. MARES

Nos. 88-5318, 88-5372.

940 F.2d 455 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Gregorio de Jesus MARES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Alfredo MARTINEZ-OSUNA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided July 29, 1991.

Attorney(s) appearing for the Case

Stephen M. Hogg, Northridge, Cal., for defendant-appellant Alfredo de Jesus Mares.

David R. Evans, Pillsbury Madison & Sutro, Los Angeles, Cal., for defendant-appellant Alfredo Martinez-Osuna.

Pamela M. Heberton, Asst. U.S. Atty., Los Angeles, Cal., for plaintiff-appellee.

Before FLETCHER, WIGGINS and RYMER, Circuit Judges.

WIGGINS, Circuit Judge:

Alfredo Martinez-Osuna and Gregorio de Jesus Mares appeal their convictions on a two-count indictment charging them with conspiracy to possess with intent to distribute and conspiracy to distribute 1002 grams of heroin (Count 1), and possession with intent to distribute and aiding and abetting the distribution of the heroin (Count 2).

The indictment alleged that the appellants engaged in counter-surveillance activities in furtherance...

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