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U.S. v. HORSLEY

No. 86-3316.

864 F.2d 1543 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Marvin Jerome HORSLEY, Earl Howard McDonald, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

February 6, 1989.

Attorney(s) appearing for the Case

Samuel R. Mandelbaum, Tampa, Fla., for Horsley.

Timothy Allen Hunt, Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tampa, Fla., for McDonald.

Whitney L. Schmidt, Asst. U.S. Atty., Tampa, Fla., for U.S.

Before TJOFLAT, VANCE and COX, Circuit Judges.

PER CURIAM:

I.

In this appeal, Marvin Jerome Horsley and Earl Howard McDonald challenge their convictions for possession of cocaine with intent to distribute, see 21 U.S.C. § 841(a)(1) (1982), on two grounds. One of the grounds is frivolous1 and is not worthy of discussion. The other, based on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), has merit and...

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