U.S. v. VICARIA

No. 92-2450.

12 F.3d 195 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Carlos C. VICARIA, M.D., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 25, 1994.


Attorney(s) appearing for the Case

James C. Preston, Jr., Tamra Phipps, Wiliam K. Watanage, David P. Rhodes, Asst. U.S. Attys., Tampa, FL, for plaintiff-appellant.

Douglas H. Stein, Stein, Warfman & Cooper, Miami, FL, for defendants-appellees.

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


FRIEDMAN, Senior Circuit Judge:

This is an appeal by the United States from an order of the United States District Court for the Middle District of Florida granting the defendant Vicaria's motion for a new trial following his jury conviction of narcotics offenses. The court took that action because it concluded that it should have given a jury instruction setting forth the defense theory of the case. We hold that the district court did not abuse its discretion in...

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