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U.S. v. GARDINER

No. 90-8418.

955 F.2d 1492 (1992)

UNITED STATES of America, Plaintiff-Appellee, v. Winton GARDINER, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 23, 1992.

Attorney(s) appearing for the Case

Barry S. Greff, P.A., Mark King Leban, Miami, Fla., for defendant-appellant.

William L. McKinnon, Jr., Asst. U.S. Atty., Atlanta, Ga., for plaintiff-appellee.

Before COX, Circuit Judge, JOHNSON and REAVLEY, Senior Circuit Judges.

JOHNSON, Senior Circuit Judge:

Defendant Winton Gardiner appeals various aspects of his conviction of and sentence for two narcotics offenses and failure to appear for trial. After due consideration of his arguments, we affirm Gardiner's convictions but vacate his sentence.

I. STATEMENT OF THE CASE

A. Factual Background

On May 8, 1989, Atlanta Police Officer Vickye Prattes and Agent Paul Markonni of the Drug Enforcement Agency (...

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