UNITED STATES v. BRITO

No. 82-5168.

721 F.2d 743 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Mario BRITO, Eduardo Garcia, Virgil Capote, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 19, 1983.


Attorney(s) appearing for the Case

Oscar S. Rodriguez, Miami, Fla., for Brito.

R. Jerome Sanford, Joel Kaplan, Miami, Fla., for Capote & Garcia.

Stanley Marcus, U.S. Atty., Samuel J. Smargon, James G. McAdams, III, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before VANCE and JOHNSON, Circuit Judges, and PITTMAN, District Judge.


JOHNSON, Circuit Judge:

On March 4, 1981, a Grand Jury in the Southern District of Florida returned an indictment against the appellants, Eduardo Garcia, Mario Brito, and Virgil Capote, along with nine others, charging them with conspiracy and attempt to import marijuana into the United States in violation of 21 U.S.C.A. §§ 952 and 963. Count I, the conspiracy count, named all three appellants and seven others. Counts II through V, the attempt counts, alleged...

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