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UNITED STATES v. POSNER

No. 84-5858.

764 F.2d 1535 (1985)

UNITED STATES of America, Plaintiff-Appellant, v. Victor POSNER, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 12, 1985.

Attorney(s) appearing for the Case

Neil S. Cartusciello, Sp. Asst. U.S. Atty., Caroline Heck, Asst. U.S. Atty., K. Chris Todd, Sp. Asst. U.S. Atty., Joe McSorley, Miami, Fla., for plaintiff-appellant.

Edward Bennett Williams, Williams & Connolly, Washington, D.C., for defendant-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and THOMAS, District Judge.

RONEY, Circuit Judge:

The Government appeals pursuant to 18 U.S.C.A. § 3731 from an adverse pretrial evidentiary ruling in its prosecution of Victor Posner for criminal tax violations. The district court, 594 F.Supp. 923, held that a letter written by William Scharrer, Posner's codefendant prior to a severance granted on Posner's motion, was inadmissible against Posner. We affirm.

On June 14, 1983, an indictment was...

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