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U.S. v. SMITH

No. 88-5187.

945 F.2d 365 (1991)

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.

October 22, 1991.

Attorney(s) appearing for the Case

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

Leon B. Kellner, 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 Sawyer.

William R. Tunkey, (Court-appointed), Benjamin S. Waxman, Miami, Fla., for Isaac Hicks.

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

PER CURIAM:

We are uncertain about the validity of the sentences imposed upon Samuel Smith. We attempt to dissipate the uncertainty.

In the original submission to us we were unable to meaningfully review the correctness of the sentence under Count 19 because we did not have a transcript of the sentencing hearing. We retained jurisdiction of the single issue of the correctness of that sentence and directed that a transcript of the sentencing hearing be filed...

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