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U.S. v. LOWERY

Nos. 98-5228, 98-5229 and 98-5231.

166 F.3d 1119 (1999)

UNITED STATES of America, Plaintiff-Appellant, v. Oslet Franklin LOWERY, Jr., Defendant-Appellee. United States of America, Plaintiff-Appellant, v. Sheldred Burke, Gail Henderson, a.k.a. Gail Smith, a.k.a. Twondy G. Henderson, et al., Defendants-Appellees. United States of America, Plaintiff-Appellant, v. Randall Ward, Travis Mathis, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

February 3, 1999.

Attorney(s) appearing for the Case

Dawn Bowen, Adalberto Jordan, Suzan H. Ponzoli, Asst. U.S. Attys., Miami, FL, Carol DeGraffenreidt, Asst. U.S. Atty., Fort Lauderdale, FL, for Plaintiff-Appellant.

Philip Robert Horowitz, Miami, FL, for Lowery and Ward.

Clayton Reed Kaeiser, Miami, FL, for Burke.

Gregory Antonio Samms, Miami, FL, for Henderson.

Israel Jose Encinosa, Encinosa & Joyce, Miami, FL, for Gore,

David Jonathon Joffe, Coconut Grove, FL, for Broughton.

Jane Wollner Moscowitz, Miami, FL, for Paramore.

Michael Gary Smith, Ft. Lauderdale, FL, for Mathis.

Before TJOFLAT, BLACK and CARNES, Circuit Judges.

CARNES, Circuit Judge:

This consolidated appeal involves what has come to be known as "the Singleton issue," with a related issue involving a state court professional practice rule thrown in to boot. These defendants, in separate criminal cases, prevailed upon the district court to grant their pretrial motions to suppress the testimony of their alleged co-conspirators. That expected testimony had been obtained through plea agreements in which the government...

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