United States v. Maria C. Duran, United States of America v. Lilia Vazquez

42 F.3d 1403 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Maria C. DURAN, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lilia VAZQUEZ, Defendant-Appellant. Nos. 93-50418, 93-50421. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 1, 1994. Decided Dec. 1, 1994. Before: BROWNING, FARRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 In a published opinion we affirmed several rulings by the district court, but reversed Maria Duran's and Lilia Vazquez's three level sentence increase for conspiracy and perjury. We now resolve the remaining issues. I. 3 Lilia Vazquez contends that counts four and five of the indictment are multiplicitous. We disagree. "An indictment is not multiplicitous if each count requires proof of a fact which the other does not." United States v. Roberts, 783 F.2d 767 (9th Cir.1985). Count four alleges that Vazquez falsely testified that she loaned $80,000 to…