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U.S. v. PENA

No. 88-5895.

897 F.2d 1075 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Rafael S. PENA, Gary W. Chitty, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 2, 1990.

Attorney(s) appearing for the Case

Paul Morris, Coral Gables, Fla., for Rafael S. Pena.

Mel Black, Miami, Fla., for Gary W. Chitty.

Dexter W. Lehtinen, U.S. Atty., William Xanttopoulos, Linda C. Hertz, and Lynne Lamprecht, Asst. U.S. Attys., Miami, Fla., for the U.S.

Before HATCHETT and COX, Circuit Judges, and HENDERSON, Senior Circuit Judge.

HENDERSON, Senior Circuit Judge:

Following a four-day trial in the United States District Court for the Southern District of Florida, a jury found Gary W. Chitty and Rafael S. Pena guilty of both conspiracy to import and the importation of more than 100 kilograms of marijuana into the United States, in violation of 21 U.S.C. §§ 963, 952(a) and 960(a)(1) and 18 U.S.C. § 2. Chitty appeals the district court's denial of his motion in limine in which he...

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