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UNITED STATES v. BINETTI

No. 75-4456.

552 F.2d 1141 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Frank Ernest BINETTI, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 27, 1977.

Attorney(s) appearing for the Case

Jackson B. Battle, Tallahassee, Fla. (Court appointed), for defendant-appellant.

Robert W. Rust, U. S. Atty., Robert L. Andrews, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, GODBOLD, Circuit Judge, and MEHRTENS, District Judge.

PETITION FOR REHEARING

MEHRTENS, District Judge.

Defendant was convicted of conspiracy to possess and distribute cocaine, knowingly and intentionally possessing with intent to distribute cocaine, and knowingly and intentionally distributing cocaine. On appeal, we affirmed his conviction of the conspiracy count. Under the concurrent sentence doctrine we did not reach the issues raised as to the other counts. United States v. Binetti,

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