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U.S. v. MARTINEZ

No. 93-4076.

83 F.3d 371 (1996)

UNITED STATES of America, Plaintiff-Appellee, v. Hector MARTINEZ, Jorge Gomez, Humberto Gallo, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

May 20, 1996.

Attorney(s) appearing for the Case

William A. Meadows, Jr., Miami, FL, Thomas W. Risavy, South Miami, FL, Steven E. Kreisberg, Coconut Grove, FL, Richard C. Klugh, Asst. Federal Public Defender, James R. Garley, Federal Public Defender, Ft. Lauderdale, FL, for appellant(s).

Kendall Coffey, U.S. Atty., Jeanne M. Mullenhoff, Asst. U.S. Atty., Miami, FL, for appellee.

Before EDMONDSON and BIRCH, Circuit Judges, and FOREMAN, Senior District Judge.

EDMONDSON, Circuit Judge:

Humberto Gallo, Hector Martinez and Jorge Gomez appeal their convictions for conspiracy to possess, and possession of cocaine with the intent to distribute it, in violation of 21 U.S.C. §§ 846 and 841. Gallo and Gomez appeal also their convictions for using a firearm in the commission of a drug offense under 18 U.S.C. § 924(c). Gallo also appeals his sentence. We affirm in part and reverse in part.

In 1992, Luis Fernandez...

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