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U.S. v. VAN HEMELRYCK

Nos. 87-5501, 87-5529.

945 F.2d 1493 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. George VAN HEMELRYCK, Golbert Bustamante, Tyrone Giraldo, Defendants-Appellants. UNITED STATES of America, Plaintiff-Appellant, v. George VAN HEMELRYCK, Maria Alvardo, Lilacia Marina Bustamante, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

October 30, 1991.

Attorney(s) appearing for the Case

James S. Benjamin, Benjamin and Aaronson, Ft. Lauderdale, Fla., Thomas F. Almon, Miami, Fla. (court-appointed), for Bustamante.

Charles G. White, Miami, Fla., for Giraldo.

Theodore J. Sakowitz, Federal Public Defender, Alison M. Igoe, Asst. Federal Public Defender, Miami, Fla., for Hemelryck.

William A. Meadows, Jr., Thomas W. Risavy, Miami, Fla. (court-appointed), for Alvardo.

Leon B. Kellner, U.S. Atty., Susan Tarbe, Linda Collins, Jose A. Bonau, Lynne W. Lamprecht, Asst. U.S. Attys., Miami, Fla., for U.S.

Before FAY and JOHNSON, Circuit Judges, and MERHIGE, Senior District Judge.

FAY, Circuit Judge:

Defendants were indicted on one count of conspiracy to possess cocaine with intent to distribute, 21 U.S.C. § 846, and for one count of possession of cocaine with intent to distribute. 21 U.S.C. § 841(a)(1). All defendants were convicted of the conspiracy count, and with the exception of Golbert Bustamante, all were convicted of the possession count. The district court, however, granted the motions of defendants George Van Hemelryck,...

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