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UNITED STATES v. DYER

No. 84-3021 Non-Argument Calendar.

752 F.2d 591 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth W. DYER, Elliot A. Lyn, and Robert George Schmitt, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 8, 1985.

Attorney(s) appearing for the Case

Carl H. Lida, Miami, Fla., for Lyn.

Robert J. Buonauro, Orlando, Fla., for Schmitt.

Before GODBOLD, Chief Judge, KRAVITCH and HATCHETT, Circuit Judges.

GODBOLD, Chief Judge:

All defendants were charged in Count I with conspiracy to possess with intent to distribute cocaine, 21 U.S.C. § 846, and in Count II with possession with intent to distribute cocaine, 21 U.S.C. § 841(a)(1) and 18 U.S.C. § 2. Defendant Schmitt was convicted on both counts, Dyer and Lyn on only Count I, the conspiracy count.

I. Reliance upon the LaRue report

Schmitt's sole defense was that he was insane at the...

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