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UNITED STATES v. ROGERS

No. 81-5369.

701 F.2d 871 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Paul ROGERS, Michael Stuart Fichman, Raymond Francis Gustke, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 9, 1983.

Attorney(s) appearing for the Case

Mark King Leban, Miami, Fla., for Gustke.

Gerald Tobin, Miami, Fla., Robert I. Kalina, New York City, for Fichman.

Gargiulo & McMenimen, Richard A. Gargiulo, Brian J. McMenimen, Constance L. Rudnick, Boston, Mass., for Rogers.

Kenneth W. Lipman, Jon May, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, KRAVITCH and HATCHETT, Circuit Judges.

TJOFLAT, Circuit Judge:

Appellants Rogers, Fichman, and Gustke were convicted in the district court of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846 (1976). We affirm the conviction of each appellant.

I.

All three appellants argue that the district court erred in denying their motion to dismiss the indictment because of government overreaching in violation of their due process rights. The arrests and...

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