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UNITED STATES v. BADOLATO

No. 81-6100.

710 F.2d 1509 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Richard BADOLATO, Jan C. Sabo and Frank J. Perate, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

Rehearings and Rehearing Denied September 16, 1983.

Attorney(s) appearing for the Case

Alan E. Weinstein, Miami Beach, Fla., for defendant-appellant Frank J. Perate.

Ronald A. Dion, North Miami Beach, Fla., for defendant-appellant Richard Badolato and Jan C. Sabo.

Stanley Marcus, U.S. Atty., Michael W. Burnbaum, James G. McAdams, III, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and GOLDBERG, Senior Circuit Judge.

Rehearings and Rehearing En Banc Denied September 16, 1983.

GODBOLD, Chief Judge:

Appellants Frank Perate and Jon Sabo were convicted of conspiracy to possess cocaine (Count I) and possession with intent to distribute (Count II). Appellant Richard Badolato was convicted on only the conspiracy count. Neil Perate, Frank Perate's cousin, was granted a judgment of acquittal on Count II at the end of the government's case, and the jury acquitted him on Count I...

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