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U.S. v. FALCONE

No. 89-5718.

960 F.2d 988 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Robert S. FALCONE, Sandra S. Falcone, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 20, 1992.

Attorney(s) appearing for the Case

G.H. Terando, Poplar Bluff, Mo., for R. Falcone.

Kenneth M. Swartz, Asst. Federal Public Defender, Miami, Fla., for S. Falcone.

Dexter W. Lehtinen, U.S. Atty., Dawn Bowen, Linda C. Hertz, Asst. U.S. Attys., Miami, Fla., for U.S.

Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, EDMONSON, COX, BIRCH, and DUBINA, Circuit Judges.

PER CURIAM:

We took this case en banc1 to reconsider our holding in United States v. Hope, 861 F.2d 1574 (11th Cir.1988). In Hope, we held that in order for the government to establish that a defendant conspired to commit an "offense against the United States" in violation of 18 U.S.C. § 371 (1988),2 the prosecution must allege and prove that the defendant...

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