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UNITED STATES v. MARSZALKOWSKI

Nos. 80-5597, 80-5621.

669 F.2d 655 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Joanne MARSZALKOWSKI and Loran Bennett, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. Jack BROCK, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

March 1, 1982.

Attorney(s) appearing for the Case

A. Scott Miller, Asst. U. S. Atty., Linda Collins-Hertz, Asst. U. S. Attys., Miami, Fla., for plaintiff-appellant.

Theodore Klein, Joseph H. Serota, Miami, Fla., for defendant-appellee.

Denis Dean, Dean & Hartman, P.A., Miami, Fla., for Marszalkowski.

Stephen H. Rosen, Thomas G. Murray, Miami, Fla., for Bennett.

Before RONEY and FAY, Circuit Judges, and EDENFIELD, District Judge.

FAY, Circuit Judge:

This opinion resolves two separate appeals involving a single group of defendants. In November of 1979, an undercover operation undertaken by the Drug Enforcement Administration [DEA] led to the arrests of five individuals, Loran Bennett, Stanford Mitchell, Jack Brock, Joanne Marszalkowski and Jorge Congote, on drug-related charges. Brock, who obtained a severance from his four co-defendants, convinced the trial judge that his arrest was illegal...

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