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U.S. v. TAPIA

No. 92-4951.

59 F.3d 1137 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Carlos TAPIA, Alfred Kennedy, Joseph Perez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

July 28, 1995.

Attorney(s) appearing for the Case

Lawrence J. Stein, Miami, FL, for Papia.

Richard A. Moore, Miami, FL, for Kennedy.

Robert J. Becerra, Raskin & Raskin, P.A., Miami, FL, for Perez.

Roberto Martinez, U.S. Atty., Linda Collins Hertz and Harry C. Wallace, Jr., Asst. U.S. Attys., Miami, FL, for appellee.

Before KRAVITCH and EDMONDSON, Circuit Judges, and EISELE, Senior District Judge.

KRAVITCH, Circuit Judge:

Carlos Tapia, Alfred Kennedy, and Joseph Perez appeal from their convictions and sentences for obstruction of justice by retaliating against a witness, in violation of 18 U.S.C. § 1513(a)(2). We AFFIRM the convictions of each of the Appellants. We also AFFIRM the sentences imposed upon Kennedy and Tapia. Because, however, we hold that the district court erred in enhancing Perez's sentence based upon its finding of more than minimal planning...

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