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U.S. v. BYROM

No. 89-5736.

910 F.2d 725 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Randall Clark BYROM, Heriberto Rene Perez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

As Amended October 11, 1990.

Attorney(s) appearing for the Case

Vincent J. Flynn, Flynn & Tarkoff, Miami, Fla., for defendant-appellant Byrom.

Richard A. Sharpstein, Janice B. Sharpstein, Coconut Grove, Fla., for defendant-appellant Perez.

Dexter W. Lehtinen, U.S. Atty., Barbara A. Ward, Mayra R. Lichter and Linda Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and RE, Chief Judge.

BIRCH, Circuit Judge:

This appeal presents the potentially recurring issue of whether a videotaped conversation between an informant and a co-conspirator can be used to implicate another coconspirator. With a limiting instruction, the district court admitted the videotape into evidence. Both defendants were convicted for conspiracy to import cocaine into the United States. Our review of the record has shown that admission of the videotape was proper; we affirm.

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