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U.S. v. CARLSON

Nos. 93-3456, 94-2662 and 94-2797.

87 F.3d 440 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. David CARLSON, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Carina LEVERIZA, a/k/a Carina Franz, a/k/a Karen, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Walter FRANZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 5, 1996.

Attorney(s) appearing for the Case

Brent D. Shore, Tromberg Shore Harrison & Safer, Jacksonville, FL, for David Carlson.

Thomas A. Larkin, Jacksonville, FL, for Carina Leveriza.

Ralph E. Elliott, Jr., Jacksonville, FL, for Walter Franz.

James H. Klindt, Asst. U.S. Atty., Tamra Phipps, Peggy Morris Ronca, Jacksonville, FL, for Appellee in all cases.

Before EDMONDSON and DUBINA, Circuit Judges, and LOGAN, Senior Circuit Judge.

LOGAN, Senior Circuit Judge:

Defendants David Carlson, Walter A. Franz and Carina Leveriza-Franz (Leveriza) appeal their convictions, and Carlson also appeals his sentence in these consolidated cases. Each pleaded guilty to one count of conspiracy to manufacture and distribute 3,4-Methylenedioxymethamphetamine (MDMA), in violation of 21 U.S.C. §§ 813, 841(a) and 846. All defendants contend that 21 U.S.C. §§ 802(32) and 813 are unconstitutionally...

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