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U.S. v. BAPTISTA-RODRIGUEZ

No. 91-5621.

17 F.3d 1354 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Juan BAPTISTA-RODRIGUEZ, Ramon Calvo, and Julio R. Diaz, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 1, 1994.

Attorney(s) appearing for the Case

Richard C. Gagliano, Miami, FL, for Baptista-Rodriguez.

Jeffrey D. Feldman, Fine, Jacobson, Schwartz, Nash & Block, Miami, FL, for Diaz.

Mel Black, Miami, FL, for Calvo.

Dexter W. Lehtinen, U.S. Atty., Lloyd King, Asst. U.S. Atty., Miami, FL, for U.S.

Before TJOFLAT, Chief Judge, KRAVITCH and DUBINA, Circuit Judges.

KRAVITCH, Circuit Judge:

Appellants Julio Diaz, Ramon Calvo, and Juan Baptista-Rodriguez (Baptista) were convicted of conspiracy and attempt to import and possess cocaine. For the reasons below, we affirm the convictions of Calvo and Baptista but reverse the judgment against Diaz and remand his case to the district court.

I.

The government adduced evidence that in 1987 Diaz proposed to Rene DeLamar a scheme to smuggle cocaine into the United States...

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