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U.S. v. MARTINEZ

No. 93-4076.

96 F.3d 473 (1996)

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

United States Court of Appeals, Eleventh Circuit.

September 13, 1996.

Attorney(s) appearing for the Case

William A. Meadows, Jr., Miami, FL, Thomas W. Risavy, South Miami, FL, for Hector Martinez.

Steven E. Kreisberg, Coconut Grove, FL, for Jorge Gomez.

Richard C. Klugh, Asst. Federal Public Defender, James R. Gailey, Federal Public Defender, Ft. Lauderdale, FL, for Humberto Gallo.

Roberto Martinez, U.S. Atty., Jeanne M. Mullenhoff, Asst. U.S. Atty., Miami, FL, for U.S.

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

ON PETITION FOR REHEARING

PER CURIAM:

On petition for rehearing, Humberto Gallo now claims that the court's affirmance of his conviction, see U.S. v. Martinez, 83 F.3d 371 (11th Cir.1996), clashes with our decision in U.S. v. Thomas, 987 F.2d 697 (11th Cir.1993) (codefendant's testimony cannot be considered in ruling on motion for judgment...

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