LOBOSCO v. THOMAS

No. 89-8857.

928 F.2d 1054 (1991)

Charles Joseph LOBOSCO, Petitioner-Appellant, v. A.C. THOMAS, Warden, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 16, 1991.


Attorney(s) appearing for the Case

Steven Kaminshine, Georgia State University, College of Law, Atlanta, Ga., for petitioner-appellant.

Mary Beth Westmoreland, Atlanta, Ga., for respondent-appellee.

Before TJOFLAT, Chief Judge, CLARK, Circuit Judge, and KAUFMAN, Senior District Judge.


CLARK, Circuit Judge:

I. BACKGROUND

Appellant Charles LoBosco, a native of Germany, had been in the United States for only a few weeks when he and an acquaintance, John Frasier, traveled to Underground Atlanta to purchase drugs. They met Anthony Willie Gray, who sold them an amount of the drug "THC" and joined them in their vehicle. Gray passed out from alcohol in the back seat; LoBosco and Frasier felt they had...

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