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UNITED STATES v. FIALLO-JACOME

No. 84-5188.

784 F.2d 1064 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. John FIALLO-JACOME and David King Brenner, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

March 18, 1986.

Attorney(s) appearing for the Case

Daniel H. Forman, McMaster, Forman & Miller, P.A., Miami, Fla., for Fiallo-Jacome.

Paul D. Lazarus, Nurik, O'Donnell & Lazarus, Ft. Lauderdale, Fla., for Brenner.

Stanley Marcus, U.S. Atty., Miami, Fla., Eileen O'Connor, Linda Collins Hertz, Asst. U.S. Attys., Ft. Lauderdale, Fla., for plaintiff-appellee, U.S.

Before VANCE, Circuit Judge, HENDERSON, and SWYGERT, Senior Circuit Judges.

PER CURIAM:

John Fiallo-Jacome and David King Brenner appeal their sentences imposed by the United States District Court for the Southern District of Florida for various drug-related offenses. We vacate the sentences against both appellants and remand to the district court for resentencing.

In May, 1983, Special Agent Paul Sennett of the Drug Enforcement Administration (DEA), acting in an undercover capacity, arranged for Anthony Martinelli, a suspected drug...

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