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UNITED STATES v. RAFFONE

Nos. 81-5163, 81-5257.

693 F.2d 1343 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Geno Pasquale RAFFONE, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Thomas Ralph FARESE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 20, 1982.

Attorney(s) appearing for the Case

Louis Vernell, Miami Beach, Fla., for defendants-appellants in both cases.

Robert J. Lehner, U.S. Dept. of Justice, So. Eastern Regional Strike Force, Miami, Fla., William C. Bryson, Gloria C. Phares, Chief, Appellate Section, Dept. of Justice, Washington, D.C., for United States in both cases.

John S. Berk, Bruce S. Rogow, Nova University Law Center, Fort Lauderdale, Fla., for defendant-appellant in 81-5257.

Before VANCE and ANDERSON, Circuit Judges, and ALLGOOD, District Judge.

ALLGOOD, District Judge:

Appellants Farese and Raffone were tried and convicted on one count (Count One) of conspiracy to possess marijuana with the intent to distribute it in violation of 21 U.S.C. § 846. Appellant Farese was also convicted of three substantive acts (Counts Two through Four) of possession with the intent to distribute in violation of 21 U.S.C. § 841(a)(1). For his role in overseeing the events giving rise to the above charges, appellant...

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