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U.S. v. GUTIERREZ

No. 89-3938.

931 F.2d 1482 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Alvarez GUTIERREZ, Jorge Eliecer Palacio, Jairo Rendon, Osmundo Roque, Jose Palma-Rodriguez, Manuel Palma-Rodriguez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 29, 1991.

Attorney(s) appearing for the Case

Daniel F. Martinez, II, Gonzalez & Martinez, P.A., Tampa, Fla., for Gutierrez.

Eric M. Cohen, Eric M. Cohen, P.A., Coral Gables, Fla., for Palacio, Rendon, Roque.

Roy Rodriguez, Miami, Fla., for Jose Palma-Rodriguez.

Dennis N. Urbano, Miami, Fla., for Manuel Palma-Rodriguez.

Thomas F. Almon, Miami, Fla., for Palma-Rodriguez.

Jeffrey Downing, Asst. U.S. Atty., Tampa, Fla., for U.S.

Before HATCHETT and BIRCH, Circuit Judges, and RONEY, Senior Circuit Judge.

HATCHETT, Circuit Judge:

In this cocaine importation case, we affirm the appellants' convictions, but vacate the sentence of one appellant and remand for resentencing.

FACTS

In the spring of 1988, undercover drug agents in Tampa, Florida, set up a sting operation in which they portrayed drug smugglers with sailboats equipped and ready to transport cocaine from Colombia to the United States. During the course of

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