U.S. v. GALLO-CHAMORRO

Nos. 91-5949, 92-4003.

48 F.3d 502 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Joaquin Osvaldo GALLO-CHAMORRO, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

March 23, 1995.


Attorney(s) appearing for the Case

Miguel Del Aguila, P.A., Arthur Joel Berger, Miami, FL, for appellant.

Lisa T. Rubio, Linda Collins Hertz, Dawn Bowen and Thomas O'Malley, Miami, FL, for appellee in No. 91-5949.

Dexter Lehtinen, U.S. Atty., Lisa T. Rubio, Linda Collins Hertz, Dawn Bowen, Thomas O'Malley, Miami, FL, for appellee in No. 92-4003.

Before KRAVITCH and CARNES, Circuit Judges, and FAY, Senior Circuit Judge.


FAY, Senior Circuit Judge:

In this appeal the Defendant contends that a jury instruction on co-conspirator liability based on Pinkerton v. United States, 328 U.S. 640, 66 S.Ct. 1180, 90 L.Ed. 1489 (1946), violated the terms of an extradition agreement between the United States' and Colombian governments which prohibited the use of 18 U.S.C. § 2, an aiding and abetting statute, in trying the Defendant. Under Pinkerton...

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