UNITED STATES v. ALVAREZ

No. 83-5333.

755 F.2d 830 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Augustin ALVAREZ, Oscar Hernandez, Mario C. Simon, Rolando Rios, Ramon Raymond, Eduardo Portal, Victoriano Concepcion, a/k/a "Macho" Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 20, 1985.


Attorney(s) appearing for the Case

Manuel Mari, Miami, Fla. (Court appointed), for A. Alvarez.

Nurik, O'Donnell & Lazarus, John F. O'Donnell (Court appointed), Fort Lauderdale, Fla., for O. Hernandez.

Anthony T. Carbone, Miami, Fla. (Court appointed), for M. Simon.

Thornton, Rothman, Adelstein & Moreno, Federico A. Moreno (Court appointed), Miami, Fla., for R. Rios.

Peter C. Clemente, Miami, Fla. (Court appointed), for R. Raymond.

Leon E. Tozo, Miami, Fla. (Court appointed), for E. Portal.

Humerto J. Aguilar (Court appointed), Fernandez Caubi, Fernandez & Aguilar, P.A., Miami, Fla., for V. Concepcion.

Stanley Marcus, U.S. Atty., Jon May, James G. McAdams, Linda Collins-Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before KRAVITCH and HATCHETT, Circuit Judges, and HANCOCK, District Judge.


KRAVITCH, Circuit Judge:

On December 2, 1982, in a run-down motel in the Little Havana section of Miami, Florida, a cocaine deal turned into tragedy when a shoot-out erupted between the dealers and two undercover special agents from the Bureau of Alcohol, Tobacco, and Firearms (BATF). During the shoot-out, one of the BATF agents was killed and the other agent, along with two of the cocaine dealers, was seriously wounded. Appellants Augustin Alvarez, Mario Simon, Victoriano...

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