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U.S. v. POMALES-LEBRON

No. 06-1620.

513 F.3d 262 (2008)

UNITED STATES of America, Appellee, v. Edgar POMALES-LEBRÓN, a/k/a Edgardo Oscar Pomales-Lebrón, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 17, 2008.

Attorney(s) appearing for the Case

Arturo Luciano Delgado, for appellant.

Andrew Massucco-LaTaif, Assistant United States Attorney, with whom Rosa Emilia Rodríguez Vélez, United States Attorney, Nelson J. Pérez-Soso, Assistant United States Attorney, and Germán A. Rieckehoff, Assistant United States Attorney, were on brief for appellee.

Before TORRUELLA, Circuit Judge, BALDOCK, Senior Circuit Judge, and SMITH, District Judge.

BALDOCK, Senior Circuit Judge.

A grand jury indicted defendant Edgar Pomales-Lebrón and five co-defendants for drug-trafficking offenses. Defendant was charged with: (1) conspiracy to possess with intent to distribute fifty grams or more of cocaine base, in violation of 21 U.S.C. §§ 841, 846 (Count 1); and (2) possession with intent to distribute five grams or more of cocaine base, in violation of 21 U.S.C. § 841 and 18 U.S.C. § 2 (Count 2...

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