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UNITED STATES v. ACOSTA

No. 84-5909 Non-Argument Calendar.

769 F.2d 721 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Tomas ACOSTA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 26, 1985.

Attorney(s) appearing for the Case

Ronald A. Dion, Entin, Schwartz, Dion & Sclafani, North Miami Beach, Fla., for defendant-appellant.

Stanley Marcus, U.S. Atty., Charles S. Saphos, Linda Collins Hertz, Gregory Baldwin, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before TJOFLAT, KRAVITCH and HATCHETT, Circuit Judges.

PER CURIAM:

Tomas Manuel Acosta appeals his conviction of conspiracy to distribute marijuana, 21 U.S.C. § 846, and possession of marijuana with intent to distribute, 21 U.S.C. § 841(a)(1). Acosta's sole ground on appeal is his claim that the trial court erred in excluding from evidence a transcript of previous testimony by an allegedly "unavailable" witness. We hold that the trial court did not abuse its discretion; therefore we affirm.

Acosta and...

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