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UNITED STATES v. ROSEN

No. 84-5220.

764 F.2d 763 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. ROSEN, Robert Esson Rew and David Benton Holmes, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 1, 1985.

Attorney(s) appearing for the Case

David Caywood, Memphis, Tenn., Charles O. Farrar, Jr., Coral Gables, Fla., for R. Rosen.

Bruce E. Wagner, Ft. Lauderdale, Fla., for R. Rew.

Jon A. Sale, Ira N. Loewy, Benedict A. Kuehne, Miami, Fla., for D. Holmes.

Stanley Marcus, U.S. Atty., Linda Collins-Hertz, Sonia O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before RONEY and TJOFLAT, Circuit Judges, and BROWN, Senior Circuit Judge.

PER CURIAM:

Defendants Rosen, Rew and Holmes were convicted of various charges involving conspiracy, attempt, and importation relating to the smuggling of marijuana to the United States from Jamaica. On appeal defendants claim (1) insufficiency of the evidence; (2) inconsistency of the evidence with the charges in the indictment; and (3) erroneous sentencing in that the statutory maximum sentence for importation or attempted importation was exceeded. We affirm the...

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