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U.S. v. BORREGO

No. 88-5817.

885 F.2d 822 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Lazaro BORREGO and Jose O. Paulet, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

October 10, 1989.

Attorney(s) appearing for the Case

Reemberto Diaz, Hialeah, Fla., (Court appointed), for Jose O. Paulet.

Victor Martinez, Asst. Federal Public Defender, Bruce Keesler, Ft. Lauderdale, Fla., for Luis Lazaro Borrego.

Dexter W. Lehtinen, U.S. Atty., Frank H. Tamen, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before ANDERSON and COX, Circuit Judges, and SHOOB, District Judge.

SHOOB, District Judge:

Appellants Luis Lazaro Borrego and Jose Paulet challenge their convictions for conspiracy to possess with intent to distribute, possession with intent to distribute, and conspiracy to import more than one hundred kilograms of marijuana. Appellants contend that the district court erred when it denied their motion for acquittal based on the Posse Comitatus Act, 18 U.S.C. § 1385 (1984). We find that appellants waived their Posse...

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