U.S. v. SMITH

No. 88-5187.

918 F.2d 1501 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Andrew Jackson SMITH, Isaac Hicks, Samuel Smith, James Sawyer, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

December 14, 1990.


Attorney(s) appearing for the Case

Arthur Joel Berger, Miami, Fla., for A.J. Smith.

Dexter W. Lehtinen, U.S. Atty., Lee S. Massey, Linda Collins-Hertz, Anne M. Hayes, Asst. U.S. Attys., Miami, Fla., for U.S.

John Lipinski, Miami, Fla. (court appointed), for S. Smith.

Lee Weissenborn (court appointed), Sheridan Weissenborn, Miami, Fla., for James Sawyer.

William R. Tunkey (court appointed), Miami, Fla., for Isaac Hicks.

Before KRAVITCH and ANDERSON, Circuit Judges, and GODBOLD, Senior Circuit Judge.


GODBOLD, Senior Circuit Judge:

Defendants Isaac Hicks, James Sawyer, A.J. Smith, and Samuel Smith appeal from their convictions and sentences following a five-week narcotics conspiracy trial.1 We affirm on all issues with a single exception. Defendants Hicks and A.J. Smith were improperly convicted of multiple firearm offenses; we vacate their sentences on these convictions and remand to the district court with instructions.

The...

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