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UNITED STATES v. VARELLA

No. 81-5295.

692 F.2d 1352 (1982)

UNITED STATES of America, Plaintiff-Appellee, v. Victor VARELLA, Charles Gavin and Raul Felix Chinea, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Amended on Denial of Rehearing March 31, 1983.

Attorney(s) appearing for the Case

Lawrence N. Rosen, Miami, Fla., for Varella.

Donald A. Lykkebak, Orlando, Fla., for Gavin.

Alan E. Dubow, Coconut Grove, Fla., John W. Persse, Persse & Pollack, Coral Gables, Fla. (court-appointed), for Chinea.

Sara Criscitelli, Atty., Appellate Sec., U.S. Dept. of Justice, Kenneth A. Caruso, U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.

Before RONEY, TJOFLAT and FAY, Circuit Judges.

FAY, Circuit Judge:

We are called upon to decide the appeals of three criminal defendants convicted after a jury trial in the Southern District of Florida of conspiracy to distribute and import marijuana, possession with intent to distribute marijuana, and importation of marijuana, in violation of 21 U.S.C. § 841(a)(1), 21 U.S.C. § 846, 21 U.S.C. § 952(a), and 21 U.S.C. § 963 (West 1976). The appellants raise several overlapping and individual...

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