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UNITED STATES v. OTERO-HERNANDEZ

No. 83-5040. Non-Argument Calendar.

743 F.2d 857 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Rolando OTERO-HERNANDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 9, 1984.

Attorney(s) appearing for the Case

Gilmour, Morgan & Rosenblatt, Robert A. Rosenblatt, Miami, Fla., for Otero-Hernandez.

Stanley Marcus, U.S. Atty., Miami, Fla., Karen L. Atkinson, Asst. U.S. Atty., Fort Lauderdale, Fla., Linda Collins Hertz, Asst. U.S. Atty., Chief, Appellate Section, Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, HILL and ANDERSON, Circuit Judges.

PER CURIAM:

On May 14, 1982, appellant Rolando Otero-Hernandez and two others were indicted for importing marijuana, in violation of 21 U.S.C. §§ 952(a), 960 (1982) and 18 U.S.C. § 2 (1982), and for possessing marijuana with intent to distribute it, in violation of 21 U.S.C. § 841(a)(1) (1982). A superseding indictment, charging one additional defendant, was filed on June 25. On November 3, appellant moved the district court to dismiss the indictment...

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