UNITED STATES v. LOYD

No. 82-6093.

743 F.2d 1555 (1984)

UNITED STATES of America, Plaintiff-Appellee, v. David LOYD, Mark Soukenik, William Hood, Jake Loyd, Robert C. Kilpatrick, and Sidney Bedgood, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 16, 1984.


Attorney(s) appearing for the Case

Neil H. Jaffee, Fort Lauderdale, Fla., for D. Loyd.

John Lazarus, Miami, Fla., for Soukenik.

Denis Dean, Dean & Hartman, P.A., Miami, Fla., for Hood.

Gersten & Vitale, Anthony Vitale, Miami, Fla., for J. Loyd.

Laurel White, Marc-Charles, Fort Lauderdale, Fla., for Kilpatrick.

Scott Jay, Miami Beach, Fla. (Court-appointed), for Bedgood.

Richard K. Harris, Asst. U.S. Atty., Stanley Marcus, U.S. Atty., Linda C. Hertz, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee USA.

Before GODBOLD, Chief Judge, TJOFLAT and HENDERSON, Circuit Judges.


GODBOLD, Chief Judge:

In this appeal we review the convictions of the six appellants on various drug charges. We find that two of the defendants were improperly subjected to double jeopardy on one count and reverse their convictions on that account. We also conclude that the district court followed an incorrect rule of law in evaluating material claimed to come within the Jencks Act, 18 U.S.C. § 3500 (1976), and remand for further consideration under the appropriate...

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