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U.S. v. NASH

No. 88-5991.

910 F.2d 749 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Earl Wayne NASH, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

September 5, 1990.

Attorney(s) appearing for the Case

Arthur W. Tifford, P.A., Miami, Fla., for defendant-appellant.

Dexter W. Lehtinen, Lewis P. Carey, Jr., Linda Collins Hertz, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHNSON, Circuit Judge, HILL and HENLEY, Senior Circuit Judges.

HENLEY, Senior Circuit Judge.

Earl Wayne Nash appeals a judgment of conviction and sentence for conspiring and attempting to import cocaine in violation of 21 U.S.C. §§ 952(a), 963 (1988). We affirm his conviction but vacate his sentence and remand for new sentencing.

I.

Shortly before dark on April 16, 1988, United States Customs Service aircraft began monitoring Nash's airplane off the southwestern Florida coast. Nash's airplane was flying...

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