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UNITED STATES v. GARCIA-PENA

No. 83-5125.

743 F.2d 1462 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. Idelfonso GARCIA-PENA, Jose M. Prieto, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 20, 1984.

Attorney(s) appearing for the Case

Jorge A. Sibila, Miami, Fla. (court-appointed), for Prieto.

Stanley Marcus, U.S. Atty., Robert Lipman, Linda Collins-Hertz, Helen J. Forsyth, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Theodore J. Sakowitz, Federal Public Defender, Stewart Abrams, Asst. Federal Public Defender, Miami, Fla., for Garcia-Pena.

Before RONEY and HILL, Circuit Judges, and TUTTLE, Senior Circuit Judge.

RONEY, Circuit Judge:

Idelfonso Garcia-Pena and Jose M. Prieto appeal their firearms convictions on the ground that they were "merely present" at the crime and the evidence was insufficient to prove they intended to enter a conspiracy. Holding the evidence showed that the defendants' continued association over a period of days with those actively engaged in open criminal activity was more than mere presence and was sufficient to infer an intent to participate in the...

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