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U.S. v. GONZALES

Nos. 93-2292, 93-2293, 93-2294 and 93-2295.

65 F.3d 814 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel GONZALES, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Orlenis HERNANDEZ-DIAZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Luis LEON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Mario PEREZ, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 30, 1995.

Attorney(s) appearing for the Case

Edward O. Bustamante, Albuquerque, NM, for defendant-appellant Miguel Gonzales (93-2292).

Angela Arellanes, Albuquerque, NM, for defendant-appellant Orlenis Hernandez-Diaz (93-2293).

Susan L. Foreman, Assistant Federal Public Defender (Michael G. Katz, Federal Public Defender, with her on the brief), Denver, CO, for defendant-appellant Luis Leon (93-2294).

Roberto Albertorio, Albuquerque, NM, for defendant-appellant Mario Perez (93-2295).

Presiliano Torrez, Assistant United States Attorney (John J. Kelly, United States Attorney, and Thomas L. English, Assistant United States Attorney, on the briefs), Albuquerque, NM, for plaintiff-appellee.

Before HENRY and McKAY, Circuit Judges, and SHADUR, Senior District Judge.

McKAY, Circuit Judge.

STATEMENT OF THE FACTS

This case began as a "reverse sting" operation by the Albuquerque Police Department. In a reverse sting, police officers assume the role of drug dealers in order to infiltrate drug rings. On April 22, 1991, Officer James Torres of the Albuquerque Police Department met a confidential informant and Appellant Leon at the Kettle Restaurant in Albuquerque. (Tr. at 20-21) The purpose of the meeting was to arrange...

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