U.S. v. RUSH

No. 87-3804.

874 F.2d 1513 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Gregory W. RUSH, Noah M. Lohr, a/k/a Riberto, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 13, 1989.


Attorney(s) appearing for the Case

Bennie Lazzara, Jr., Robert P. Polli, Tampa, Fla., Robert J. Waters, Santa Monica, Cal., for Rush.

David T. Weisbrod, Tampa, Fla., for Lohr.

Michael Rubenstein, Mark V. Jackowski, Asst. U.S. Atty., Tampa, Fla., for plaintiff-appellee.

Before JOHNSON and EDMONDSON, Circuit Judges, and TUTTLE, Senior Circuit Judge.


EDMONDSON, Circuit Judge:

Noah Lohr and Gregory Rush appeal their convictions for conspiracy to import five kilograms or more of cocaine into the United States in violation of 21 U.S.C. sec. 963. Appellants challenge the imposition of what the trial court viewed as mandatory minimum sentences required by 21 U.S.C. sec. 960.1 The trial court sentenced Rush to twelve and Lohr to ten years incarceration. We vacate and remand for resentencing...

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