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U.S. v. GONZALEZ

No. 91-5404.

21 F.3d 1045 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Jose GONZALEZ, Roberto Gonzalez, Jorge Luis Fonte, Manual Rodriguez a/k/a Manny, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 26, 1994.

Attorney(s) appearing for the Case

Robert N. Scola, Jr., Miami, FL, for Jose Gonzalez.

G. Richard Strafer, Jose M. Quinon, Quinon & Strafer, P.A., Miami, FL, for Roberto Gonzalez.

G. Richard Strafer, Quinon & Strafer, P.A., Miami, FL, for Jorge Luis Fonte.

Patricia Jean Kyle, Miami, FL, (IFP-Court-appointed), for Manual Rodriguez.

Kathleen Salyer, Linda Collins Hertz, Dawn Bowen, Miami, FL, for U.S.

Before HATCHETT and EDMONDSON, Circuit Judges, and FRIEDMAN, Senior Circuit Judge.

PER CURIAM:

Defendant-appellants were convicted on many narcotics violations and Racketeer Influenced and Corrupt Organizations (RICO) conspiracy in violation of 18 U.S.C. § 1962(d).1 They allege several errors occurred at trial. Only two deserve discussion.2 In this case we consider whether, under Florida law, police use of handcuffs on a victim while committing a larceny makes the act a robbery for purposes...

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