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UNITED STATES v. ROSENTHAL

Nos. 84-8969, 85-8108 and 85-8217.

801 F.2d 378 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Harold Joseph ROSENTHAL, Philip Anthony Bonadonna, Robert Edward Dunleavy, Jr., George Lombardi, Garland Hubert Watson, Larry Roger Stewart, Joseph Vincent Junker, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellee, v. Rose Marie JUNKER, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellant, v. Dennis Wayne WILSON, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 18, 1986.

Attorney(s) appearing for the Case

Craig Gillen, Atlanta, Ga., Asst. U.S. Atty., for U.S.

R.C. Cougill, Lilburn, Ga., (Court Appointed), for Rosenthal.

Arthur W. Tifford, Miami, Fla., for Dunleavy.

Frank J. Petrella, Atlanta, Ga., for Lombardi & Bonadonna.

William T. Payne, Atlanta, Ga. (Court Appointed), for Watson.

Gil Howard, Atlanta, Ga. (Court Appointed), for Joseph V. Junker.

Bruce S. Harvey, Atlanta, Ga., for Stewart.

Howard J. Manchel, Atlanta, Ga. (Court Appointed), for Rose Marie Junker.

Paul Kehir, Snellville, Ga. (Court Appointed), for Wilson.

Before GODBOLD and VANCE, Circuit Judges, and THOMAS, Senior District Judge.

THOMAS, Senior District Judge:

MODIFIED OPINION

In our opinion United States v. Rosenthal, 793 F.2d 1214 (11th Cir.1986), Appellant Harold Rosenthal's conviction on Count Thirteen, conspiracy to import cocaine in violation of 21 U.S.C. § 963, was vacated due to said offense merging with his § 848 conviction and sentence.

In his motion for modification of opinion, Appellant Bonadonna argues that his...

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