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U.S. v. MENDEZ

Nos. 94-4195, 95-5331.

117 F.3d 480 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Antonio MENDEZ, a.k.a. Jorge Espinosa, a.k.a. Jorge Hernandez, a.k.a. Antonio Sanchez, a.k.a. Jose Orlando Garcia, a.k.a. Ricardo Raul Ramirez, a.k.a. Jorge Antonio Esposito, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Antonio MENDEZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

July 21, 1997.

Attorney(s) appearing for the Case

Faith Mesnekoff, Asst. Federal Public Defender, Miami, FL, James R. Gailey, Federal Public Defender, Miami, FL, for Defendant-Appellant in No. 94-4195.

Faith Mesnekoff, Asst. Federal Public Defender, Kathleen Williams, Federal Public Defender, Miami, FL, for Defendant-Appellant in No. 95-5331.

William A. Keefer, U.S. Atty., Miami, FL, Wilfredo Fernandez, Adalberto Jordan, Dawn Bowen and Lisa A. Hirsch, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee in No. 94-4195.

William A. Keefer, U.S. Attorney, Dawn Bowen and Lisa A. Hirsch, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee in No. 95-5331.

Before HATCHETT, Chief Judge, DUBINA, Circuit Judge, and COHILL, Senior District Judge.

HATCHETT, Chief Judge:

The appellant, Antonio Mendez, challenges his convictions on evidentiary and double jeopardy grounds. We affirm in part, vacate in part and remand to the district court for resentencing.

I. BACKGROUND

On May 4, 1993, Mendez, Raul Peraza and Juan Tolsa met and planned to steal a mail truck the following day. On May 5, the three men went out in Peraza's blue Cadillac in the West Kendall area of Miami to execute their scheme....

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