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UNITED STATES v. CASTRO

Nos. 85-1127, 85-1132 and 85-1148.

776 F.2d 1118 (1985)

UNITED STATES of America v. CASTRO, Victor. Appeal of Victor CASTRO. UNITED STATES of America v. SUAREZ, Tomas. Appellant in No. 85-1132 UNITED STATES of America v. GARCIA-REMEDIO, Pablo. Appeal of Pablo GARCIA-REMEDIO.

United States Court of Appeals, Third Circuit.

Decided November 12, 1985.

As Amended November 15, 1985.

Attorney(s) appearing for the Case

Creed C. Black, Jr. (Argued), Ballard, Spahr, Andrews & Ingersoll, Philadelphia, Pa., for Victor Castro.

Robert O'Shea (Argued), Shein & Brookman, Philadelphia, Pa., for Tomas Suarez.

Lloyd A. Gelwan (Argued), Stephen A. Madva, Montgomery, McCracken, Walker & Rhoads, Philadelphia, Pa., for Pablo Garcia-Remedio.

Judy Goldstein-Smith (Argued), Asst. U.S. Atty., Edward Zittlau, Edward S.G. Dennis, Jr., U.S. Atty., Walter S. Batty, Jr., Asst. U.S. Atty., Philadelphia, Pa., for appellee.

Before ADAMS and JAMES HUNTER, III, Circuit Judges, and FISHER, District Judge.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge:

Victor Castro, Pablo Garcia-Remedio, and Thomas Suarez appeal their convictions in the United States District Court for the Eastern District of Pennsylvania for offenses stemming from the attempted purchase of more than 1,000 pounds of marijuana. This appeal requires us to decide whether an asserted variation between the indictment and the evidence presented at trial violated the fifth amendment's grand...

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