United States v. Rogelio Gomez Torres

McWILLIAMS, Circuit Judge.

Rogelio Gomez Torres and Florentino So-ria were jointly charged in a two-count indictment as follows: (1) in count one the two were charged with unlawfully conspiring on or about July 31, 1990, to distribute cocaine in violation of 21 U.S.C. § 846; and (2) in count two they were charged with unlawfully distributing cocaine on or about July 31, 1990, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. The district court granted Soria’s motion for a severance and accordingly Torres was tried separately. The jury convicted Torres on both counts and he was sentenced…