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U.S. v. ROSALES

No. 89-5330.

13 F.3d 1461 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Alberto A. ROSALES, Sr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 10, 1994.

Attorney(s) appearing for the Case

Thomas D. Sclafani, Miami, FL, for defendant-appellant.

Roberto Martinez, U.S. Atty., Lynne Lamprecht, Linda Collins Hertz and Lisa T. Rubio, Asst. U.S. Attys., Miami, FL, for plaintiff-appellee.

Before TJOFLAT, Chief Judge, BIRCH, Circuit Judge, and FAY, Senior Circuit Judge.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES.

FAY, Senior Circuit Judge:

We consider this appeal on remand from the United States Supreme Court. Rosales v. United States, ___ U.S. ___, 113 S.Ct. 2406, 124 L.Ed.2d 631 (1993). The Supreme Court vacated our prior opinion1 and instructed us to reconsider this case in light of Ortega-Rodriguez v. United States, ___ U.S. ___, 113 S.Ct. 1199, 122 L.Ed.2d 581 ...

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