United States v. Johnny Azzo, United States of America v. Tarek Halabi

81 F.3d 170 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Johnny AZZO, Defendant-Appellant, UNITED STATES of America, Plaintiff-Appellee, v. Tarek HALABI, Defendant-Appellant. Nos. 94-50306, 94-50495. United States Court of Appeals, Ninth Circuit. Submitted Jan. 12, 1996. * Decided March 28, 1996. 1 Before: NORRIS and WIGGINS, Circuit Judges, and ILLSTON, ** District Judge. 2 MEMORANDUM *** I. BACKGROUND 3 Appellant Johnny Azzo was indicted by a grand jury, on May 14, 1992, on three counts: 1) conspiracy to possess with intent to distribute and to distribute cocaine ( 21 U.S.C. §§ 846 , 841(a)); 2) aiding and abetting the possession with intent to distribute cocaine ( 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ); and 3) aiding and abetting the distribution of cocaine ( 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ). On November 30, 1992, appellant Tarek Halabi was arraigned on and entered a plea of…