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United States v. Albert I. Diaz, A/K/A Gringo

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Before Lynch, Chief Judge, Stahl and Thompson, Circuit Judges.

A jury convicted defendants-appellants Albert I. Diaz, Javier Rodriguez-Romero, Eddie M. Rodriguez, and Angel O. Lopez-Capo of conspiracy to distribute narcotics and possession with intent to distribute narcotics as a result of their participation in a drug point that operated within a public housing project in Guayama, Puerto Rico. The defendants individually raise a variety of challenges to the district court’s jurisdiction, the sufficiency of the evidence, the court’s evidentiary rulings, the jury instructions, and their sentences. After careful consideration, we find merit to only one of these claims. Specifically, we find that the district court lacked jurisdiction over Rodriguez, who was a juvenile during much of the conspiracy, with respect to two of the substantive drug counts of which he was convicted. We thus vacate those convictions and remand his case to the district court for a new sentencing hearing. We affirm in all other respects.

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