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U.S. v. SEPULVEDA

No. 95-4769.

115 F.3d 882 (1997)

UNITED STATES of America, Plaintiff-Appellee, v. Alice SEPULVEDA and Placido Mendez, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit

June 20, 1997.

Attorney(s) appearing for the Case

Alan S. Ross, Benjamin S. Waxman, Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A., Miami, FL, for defendants-appellants.

Kendall Coffey, U.S. Atty., Linda Collins Hertz, Kathleen M. Salyer, Eduardo I. Sanchez, Asst. U.S. Attys., Miami, FL, for plaintiff-appellee.

Before TJOFLAT and EDMONDSON, Circuit Judges, and O'NEILL, Senior District Judge.

THOMAS N. O'NEILL, Senior District Judge:

Appellants Alice Sepulveda and Placido Mendez were convicted of possessing and conspiring to possess, with intent to defraud, fifteen or more unauthorized access devices in violation of 18 U.S.C. § 1029(a)(3). Their convictions rested on evidence that they possessed fourteen "cloned" cellular telephones programmed to charge unauthorized calls to subscribers' accounts and four unprogrammed numerical combinations corresponding...

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