UNITED STATES v. SAINTIL

Nos. 83-5811, 83-5828.

753 F.2d 984 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Belony SAINTIL and Kersazan Tacius, Defendants-Appellees. UNITED STATES of America, Plaintiff-Appellee, v. Kersazan TACIUS and Belony Saintil, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 22, 1985.


Attorney(s) appearing for the Case

James G. McAdams, III, Michael Burnbaum, Asst. U.S. Attys., Miami, Fla., for U.S. in No. 83-5811.

Hugh Behan, Miguel Caridad, Asst. Federal Public Defenders, Thomas Almon, Miami, Fla., for Kersazan Tacius in No. 83-5811.

Hugh J. Behan, Miguel Caridad, Asst. Federal Public Defenders, Miami, Fla., for Kersazan Tacius in No. 83-5828.

Thomas Almon, Miami, Fla., for Belony Saintil in No. 83-5828.

Stanley Marcus, U.S. Atty., Michael Burnbam, James G. McAdams, Linda Collins-Hertz, Asst. U.S. Attys., Miami, Fla., for U.S. in No. 83-5828.

Before HILL, KRAVITCH and SMITH, Circuit Judges.


JAMES C. HILL, Circuit Judge:

Appellants Kersazan Tacius and Belony Saintil were convicted of one count of conspiracy and five counts of attempted smuggling of illegal aliens into the United States, in violation of 8 U.S.C. § 1324(a)(1).1 Appellants raise three issues on appeal: (1) whether the district court erred in denying appellants' motion to dismiss the charges based upon the unavailability of certain witnesses; (2) whether...

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