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UNITED STATES v. MONACO

No. 80-5595.

702 F.2d 860 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. James R. MONACO and Eugene O. Hicks, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Corrected April 6, 1983.

Attorney(s) appearing for the Case

Alan E. Weinstein, Richard J. Preira, Miami Beach, Fla., for Monaco.

P.D. Aiken, Fort Lauderdale, Fla., for Hicks.

Mervyn Hamburg, Washington, D.C., for plaintiff-appellee.

Before FAY, ANDERSON and CLARK, Circuit Judges.

R. LANIER ANDERSON, III, Circuit Judge:

James Ronald Monaco and Eugene O. Hicks appeal their convictions for conspiring to import marijuana into the United States in violation of 21 U.S.C.A. § 963 (West 1981) and for importation of marijuana into the United States in violation of 21 U.S.C.A. § 952(a) (West 1981). We affirm the convictions, but remand for resentencing of appellant Hicks.

I. BACKGROUND

On October 4, 1977, appellants were...

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