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U.S. v. ANDREWS

No. 87-3109.

850 F.2d 1557 (1988)

UNITED STATES of America, Plaintiff-Appellant, v. Sylvester ANDREWS, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

August 4, 1988.

Attorney(s) appearing for the Case

Thomas E. Morris, Ernst D. Mueller, Asst. U.S. Attys., Jacksonville, Fla., Patty Merkamp Stemler, U.S. Dept. of Justice, Appellate Section/Criminal Div., Washington, D.C., for plaintiff-appellant.

Rosemary T. Cakmis, H. Jay Stevens, Federal Public Defenders, Jacksonville, Fla., for defendant-appellee.

Before RONEY, Chief Judge, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, CLARK, EDMONDSON and COX, Circuit Judges.

EDMONDSON, Circuit Judge:

This case concerns an inconsistency between jury verdicts finding one alleged co-conspirator guilty and the other not guilty in a joint trial. The indictment charged that defendant-appellee Sylvester Andrews and his co-defendant Robert Ford "did ... conspire ... together with each other to distribute cocaine." When Andrews and Ford were tried together, the jury found Andrews guilty of conspiracy while finding Ford not guilty.

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