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UNITED STATES v. DARWIN

No. 82-5794.

757 F.2d 1193 (1985)

UNITED STATES of America, Plaintiff-Appellee, v. Tony DARWIN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 16, 1985.

Attorney(s) appearing for the Case

Stephen J. Finta, Lauderdale, Fla., for defendant-appellant.

Barbara D. Schwartz, Linda Collins-Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before GODBOLD, Chief Judge, HILL, Circuit Judge, and PECK, Senior Circuit Judge.

GODBOLD, Chief Judge:

A principal issue in this appeal concerns Massiah.1 While the defendant was in jail following his arrest on narcotics charges, the government obtained through a wired informant statements made by the defendant without the presence of his attorney, incriminating him on the narcotics charges and on obstruction of justice as well. The government obtained a second indictment...

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