U.S. v. MERTILUS

No. 96-4004 Non-Argument Calendar.

111 F.3d 870 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Everette MERTILUS, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 7, 1997.


Attorney(s) appearing for the Case

Randee J. Golder, Delray Beach, FL, for Defendant-Appellant.

William B. Michael, Jr., Asst. U.S. Atty., Ft. Pierce, FL, Dawn Bowen and Dina Keever, Asst. U.S. Attys., Miami, FL, for Plaintiff-Appellee.

Before BIRCH, DUBINA and BARKETT, Circuit Judges.


PER CURIAM:

Everette Mertilus appeals his conviction and sentence for violation of 21 U.S.C. § 843(b) by using telephone communications to facilitate a conspiracy to distribute cocaine base or "crack" cocaine. He first argues that there was insufficient evidence to support his conviction under section 843(b). To prove a violation of section 843(b), the government must show that Mertilus knowingly and intentionally used a communications facility to facilitate...

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