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U.S. v. PALELLA

No. 87-2247.

846 F.2d 977 (1988)

UNITED STATES of America, Plaintiff-Appellee, v. Carlo PALELLA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 25, 1988.

Attorney(s) appearing for the Case

H. Michael Sokolow, Asst. Federal Public Defender, Roland E. Dahlin, III, Federal Public Defender, Houston, Tex., for Palella.

James R. Gough, Asst. U.S. Atty., Henry K. Oncken, U.S. Atty., Houston, Tex., Andrew Levchuk, Mervyn Hamburg, Atty., Appellate Section, Crim. Div., U.S. Dept. of Justice, Washington, D.C., for U.S.

Before RUBIN and POLITZ, Circuit Judges, and LEE, District Judge.

POLITZ, Circuit Judge:

Convicted of both conspiracy and substantive counts for trafficking in heroin, Carlo Palella appeals, challenging the jurisdiction of the court, an evidentiary ruling, the sufficiency of the evidence, and his sentences. Finding no reversible error we affirm the convictions; however, for the reasons assigned we vacate the sentences and remand for resentencing.

Background

A native of Milan, Italy, Palella moved to Brownsville...

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