No. 81-5354 Non-Argument Calendar.

683 F.2d 352 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel POMERANTZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 16, 1982.

Attorney(s) appearing for the Case

Neil H. Jaffee, Mark Krasnow, Miami, Fla., for defendant-appellant.

Steven E. M. Hartz, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before RONEY, KRAVITCH and CLARK, Circuit Judges


Convicted of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C.A. § 846, defendant asserts two points on appeal, neither of which merit reversal.

The admission of testimony that defendant had a gun at the time and place he was committing the crime charged was not reversible error under Rule 403, Federal Rules of Evidence. The application of Rule 403 was intended by...

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