Legal Opinion

United States v. Gustavo Alvarado, United States of America v. Oscar Oqueli-Hernandez

Court of Appeals for the Ninth Circuit

Decided January 28, 1988No. 85-5278, 85-5280PublishedCited by 67 opinions

1Opinion of the Court

AMENDED OPINION

J. BLAINE ANDERSON, Circuit Judge:

Gustavo Alvarado (Alvarado) and Oscar Oqueli-Hernandez (Oqueli) were indicted for conspiring to import (Count I), for importing (Count II), and for possessing with the intent to distribute (Count III), 12.7 kilograms of cocaine. A jury found both guilty on all counts. Alvarado and Oqueli sought a new trial charging that: 1) the trial judge gave an erroneous jury instruction, and 2) the prosecutor in his closing argument made false representations that warranted a mistrial. The court denied the motion and both were subsequently sentenced.…

2Cases cited14 opinions

  1. Chapman v. CaliforniaSupreme Court of the United States · 1967
  2. Rose v. ClarkSupreme Court of the United States · 1986
  3. United States v. HastingSupreme Court of the United States · 1983
  4. United States v. Charles Demore JewellCourt of Appeals for the Ninth Circuit · 1976
  5. United States v. Thanarat SuttiswadCourt of Appeals for the Ninth Circuit · 1983

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3Cited by67 opinions

  1. United States v. BrandonCourt of Appeals for the First Circuit · 1994
  2. United States v. Johnny Rivera, Elena VilaCourt of Appeals for the Eleventh Circuit · 1991
  3. United States v. Uriel Lara-VelasquezCourt of Appeals for the Fifth Circuit · 1990
  4. United States v. Guy Giovannetti and Nicholas JanisCourt of Appeals for the Seventh Circuit · 1990
  5. United States v. Hernan Francisco Perez-Tosta, Gustavo Javier Correa-Patino, Erasmo Perez-Aguilera, Luis Guillermo Rojas-ValdezCourt of Appeals for the Eleventh Circuit · 1994

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