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UNITED STATES v. MACHADO

No. 84-5741.

804 F.2d 1537 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Victor MACHADO, Miguel Angel Victorero, Edgardo Rafael Manotas, Fernando Gaviria-Aguirre, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 3, 1986.

Attorney(s) appearing for the Case

Manuel Mari, Romaguera & Mari, P.A., Coral Gables, Fla., for Machado.

Theodore J. Sakowitz, Federal Public Defender, Miguel Caridad, Asst. Federal Public Defender, Miami, Fla., for Victorero.

Samuel I. Burstyn, Michel Ociacovski Weisz, Miami, Fla., for Manotas.

Leon B. Kellner, U.S. Atty., Robert F. Dunlap, David O. Leiwant, Nancy L. Worthington, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Reemberto Diaz, Diaz & Batista, Hialeah, Fla., for Gaviria-Aguirre.

Before RONEY, Chief Judge, KRAVITCH, Circuit Judge, and ATKINS, Senior District Judge.

CORRECTED OPINION

KRAVITCH, Circuit Judge:

This appeal involves four of five defendants who were tried jointly for drug related offenses. Appellant Edgardo Rafael Manotas was convicted of: conspiring to possess cocaine with intent to distribute, in violation of 21 U.S.C. § 846 (Count 1); possessing cocaine on January 4, 1984, with intent to distribute, in violation of 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2 (Count 2); and possessing cocaine...

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