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UNITED STATES v. ACOSTA

No. 75-1301.

526 F.2d 670 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. Victor ACOSTA, Louis Llerandi, Joseph Bedami, Jr., and Anthony Crapero, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 23, 1976.

Attorney(s) appearing for the Case

Robert W. Rust, U.S. Atty., Miami, Fla., Mervyn Hamburg, Atty., App. Section, Crim. Div., Dept. of Justice, Washington, D. C., for plaintiff-appellant.

Henry Gonzalez, Tampa, Fla., for defendants-appellees.

Before COLEMAN, CLARK and INGRAHAM, Circuit Judges.

COLEMAN, Circuit Judge.

A jury convicted Victor Acosta, Louis Llerandi, Joseph Bedami, Jr., and Anthony Crapero of conspiracy to import controlled substances into the United States, 21 U.S.C. § 952. After the verdict was returned, the District Court dismissed the indictment for prosecutorial misconduct, United States v. Acosta, 386 F.Supp. 1072 (S.D.Fla., 1974). Judge Fay was of the opinion that the conduct in question...

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