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U.S. v. CUTHEL

No. 88-5625.

903 F.2d 1381 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. William James CUTHEL, Dade Frank Sokoloff, Wilbur Harwood Hoover, Jay William Marden, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

June 22, 1990.

Attorney(s) appearing for the Case

Steven E. Kreisberg, Coconut Grove, Fla., for Cuthel.

Joel Kaplan, Miami, Fla., for Sokoloff.

Jay R. Moskowitz, Sands & Moskowitz, Coconut Grove, Fla., for Marden.

Lawrence Besser, Miami, Fla., for Hoover.

Myles H. Malman, Carol Herman, Linda C. Hertz, Sonia E. O'Donnell, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before FAY and EDMONDSON, Circuit Judges, and YOUNG, Senior District Judge.

EDMONDSON, Circuit Judge:

Appellants Sokoloff, Hoover, Marden and Cuthel appeal their convictions for violations of the federal narcotics laws. Appellants claim reversible error from (1) the failure of the district judge to conduct a post-verdict investigation of alleged jury misconduct; (2) alleged prosecutorial misconduct regarding a potentially exculpatory witness's invocation of the fifth amendment; (3) allegedly prejudicial opening remarks of the prosecutor;...

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