UNITED STATES v. DIMATTEO

No. 81-6001.

759 F.2d 831 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Richard DIMATTEO, Morris Kessler, James Suggs, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 6, 1985.


Attorney(s) appearing for the Case

Jay Gregory Horlick, Brooklyn, N.Y., for Kessler.

James R. Suggs, pro se.

Thomas M. Sherouse, Miami, Fla., for Dimatteo.

Atlee W. Wampler, III, U.S. Atty., Miami, Fla., Sara B. Criscitelli, Appellate Sect., Crim. Div., Dept. of Justice, Washington, D.C., for the U.S.

Before GODBOLD, Chief Judge, ANDERSON, Circuit Judge, and GOLDBERG, Senior Circuit Judge.


ON REMAND FROM THE UNITED STATES SUPREME COURT

PER CURIAM:

We approach this case anew in light of the Supreme Court's recent holding in Luce v. United States, 469 U.S. 38, 105 S.Ct. 460, 83 L.Ed.2d 443 (1984). In Luce, the trial court had ruled on a defendant's in limine motion under Fed.R.Evid. 609(a)(1)1 that the prosecution would be allowed to introduce evidence of the defendant...

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