UNITED STATES v. SANFILIPPO

No. 76-4170.

564 F.2d 176 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph James SANFILIPPO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 5, 1977.


Attorney(s) appearing for the Case

Richard M. Gale, Michael A. Masin, Miami, Fla., for defendant-appellant.

Jack V. Eskenazi, U. S. Atty., Michael P. Sullivan, James E. McDonald, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and RONEY and FAY, Circuit Judges.


RONEY, Circuit Judge:

Joseph James Sanfilippo's conspiracy, possession, and distribution convictions grew out of a single cocaine transaction involving two other defendants. One defendant was acquitted. The other defendant entered a bargained for guilty plea, and then testified against Sanfilippo. Because the prosecutor allowed that testimony to go to the jury upon a misrepresentation as to the substance of the plea bargain...

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