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Your query 406 AND 404 AND Apodaca returned 6 results.

1000 OPINION/ORDER
The question of the degree of jury unanimity required by the CCE statute is a difficult one. Other courts of appeals have disagreed with Echeverri's resolution. We must also decide whether the district court's failure to give the proper unanimity instruction was harmless error. These convictions do not themselves show unanimous agreement that the same three violations were sufficiently related to each other to constitute a continuing series. The evidence that the jury must have credited to find Edmonds guilty of the predicate violations unequivocally established that all charged violations were related. No rational jury could unanimously find Edmonds guilty of the predicate offenses without unanimously finding that the offenses were related to each other. I. Facts and Procedural History The facts of this case are fully set out in the earlier panel opinion. The organization was based in Los Angeles. ] that in some way he was causing or attempting to cause the distribution of cocaine and heroin as charged in Count 1 of the indictment or in other counts charged in the indictment.
754 OPINION/ORDER
It asserts that the error was harmless and that Curbelo's convictions should therefore be affirmed. Every court to have addressed the question has held to the contrary. A superseding indictment was returned on February 6. A jury of twelve was impaneled for Curbelo's trial.1 The jurors were sworn shortly after 4 o'clock that afternoon. The trial was adjourned for the day. Not his cross examination court was adjourned early because of an air conditioning problem in the courthouse. The court informed the parties that
542 OPINION/ORDER
O:\Slip\WP\2005\05 3003 Ginyard23aa.odl.wpd
394 OPINION/ORDER
Pelayo Jose Cuervo were convicted of numerous narcotics and firearms offenses. The firearms convictions that were unrelated to the conspiracy. Five kilograms or more of cocaine.3 The defendants were also charged with using firearms in furtherance of the conspiracy. The defendants were convicted of many of the charged counts.7 Norman was convicted of maintaining a continuing criminal enterprise and conspiracy to distribute five hundred or more grams of methamphetamine. He was also convicted of nine substantive counts of distributing methamphetamine. Cuervo was convicted of conspiracy to distribute five hundred or more grams of methamphetamine. Schoenauer was convicted of conspiracy to distribute between fifty and five hundred grams of methamphetamine and between one hundred grams and one thousand kilograms of marijuana. Schoenauer was then tried separately and found guilty of three counts of unlawful possession of a firearm. 3 4 5 6 7 21 U.S.C. §§ 846 and 841(a)(1). 18 U.S.C. § 924(c)(1)(A). 21 U.S.C. § 841(a)(1). 18 U.S.C. § 922(g)(9).
394 OPINION/ORDER
Sultan with whom Rankin & Sultan was on briefs for appellant. Were on brief for the United States. William Walsh was charged with various offenses growing out of a bank fraud scheme and convicted on a majority of the counts. His present appeal is primarily directed at procedural issues. I. Walsh was indicted in 1992. The substance of the indictment was that Walsh carried out a scheme to defraud Dime Savings Bank of New York (
394 OPINION/ORDER
Were on brief for appellee.