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UNITED STATES v. SOTO

No. 81-5989.

711 F.2d 1558 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Rogelio SOTO, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 19, 1983.

Attorney(s) appearing for the Case

Stanley Marcus, U.S. Atty., John F. Peyton, Jr., Asst. U.S. Atty., Miami, Fla., for plaintiff-appellant.

Joseph Mincberg, Miami, Fla., for defendant-appellee.

Before RONEY and ANDERSON, Circuit Judges, and GOLDBERG, Senior Circuit Judge.

R. LANIER ANDERSON, III, Circuit Judge:

The United States appeals from a district court order striking the testimony of two government agents from the criminal trial of Rogelio Soto on the ground that the government violated the Jencks Act, 18 U.S.C. § 3500.1 We reverse.

On September 18, 1978, appellee Soto was charged with conspiracy, possession with intent to distribute, and distribution...

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