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U.S. v. GUEVARA

No. 86-5052. Non-Argument Calendar.

823 F.2d 446 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo Jorge GUEVARA a/k/a "Tino", Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 3, 1987.

Attorney(s) appearing for the Case

Glen J. Koch, Koch and Palomino, Rene Palomino, Jr., Miami, Fla., for defendant-appellant.

Leon B. Kellner, U.S. Atty., David Leiwant, Linda Collins Hertz, William Xanttopoulos, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before HILL, KRAVITCH and HATCHETT, Circuit Judges.

HILL, Circuit Judge:

After a lengthy trial involving five defendants, appellant Gerardo Guevara was convicted on seven drug-related counts and sentenced to 30 years imprisonment and a $25,000 fine. He now argues that the district court erred in replacing a disabled juror with an alternate juror shortly after the jury had commenced its deliberations. Finding that this question is controlled by two previous decisions of this court, we affirm.

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