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Appellants, Harold Orejuela and Jimmy Vargas-Toro, appeal from judgments of conviction entered in the United States District Court for the Eastern District of New York, convicting them, after a jury trial, of conspiracy to manufacture, distribute and possess with intent to distribute cocaine, in violation of 21 U.S.C. §§ 846 and 841(b)(1)(A)(ii) (1982 & Supp. III 1985). The conspiracy charge was alleged in the first count of a three-count indictment which charged appellants and two others with additional counts of manufacturing cocaine (Count Two) and possessing cocaine with intent to distribute it (Count Three), in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(A)(ii). Appellants were acquitted on the two substantive counts, and each was sentenced to a term of imprisonment of eight years on the conspiracy count. Their co-defendants, Jose Arturo Victoria and Alfredo Garcia-Cuartas, entered pleas of guilty to the manufacturing count in satisfaction of all charges in the indictment. Because the trial judge's questioning of appellants before the jury exceeded proper bounds by conveying the distinct impression that he considered their testimony incredible, appellants were deprived of a fair trial. We therefore reverse and remand for a new trial as to both appellants.


837 F.2d 50 (1988)

UNITED STATES of America, Appellee, v. Jose Arturo VICTORIA, Alfredo Maria Garcia-Cuartas, Harold Orejuela, Jimmy Vargas-Toro, Defendants, Harold Orejuela, Jimmy Vargas-Toro, Defendants-Appellants.

Nos. 88, 111, Dockets 87-1068, 87-1070.

United States Court of Appeals, Second Circuit.

Argued September 15, 1987.

Decided January 12, 1988.

New York Law School location: File #428, Box #120