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U.S. v. CRUZ

Nos. 96-10159, 96-10160.

127 F.3d 791 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Billy CRUZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Joey MESA, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 19, 1997.

Attorney(s) appearing for the Case

Benjamin B. Cassiday, III, Honolulu, HI, for defendant-appellant Cruz.

Richard T. Pafundi, Honolulu, HI, for defendant-appellant Mesa.

Steven S. Alm, United States Attorney, Thomas J. Brady, Assistant United States Attorney, Honolulu, HI, for plaintiff-appellee.

Before: NORRIS, HALL, and TASHIMA, Circuit Judges.

TASHIMA, Circuit Judge:

Billy Cruz and Joey Mesa appeal from their convictions for conspiracy to distribute methamphetamine and possession with intent to distribute. 21 U.S.C. §§ 846, 841(a). Cruz also appeals his conviction for attempting to possess methamphetamine with intent to distribute. The district court had jurisdiction under 18 U.S.C. § 3231; we have jurisdiction under 28 U.S.C. § 1291. We affirm in part, reverse in part and remand.

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