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U.S. v. PITT

Nos. 98-7383, 98-7497.

193 F.3d 751 (1999)

UNITED STATES of America, v. Richard Lynn PITT, Appellant in No. 98-7383 United States of America, v. William Michael Strube, also known as Mike Strube, Appellant in No. 98-7497

United States Court of Appeals, Third Circuit.

Decided October 1, 1999.

As Amended October 15, 1999.

Attorney(s) appearing for the Case

Bryan S. Walk (argued) 112 Walnut Street Harrisburg, PA, Attorney for Appellant Richard L. Pitt.

Benjamin S. Waxman (argued), William R. Tunkey, Robbins, Tunkey, Ross, Amsel, Raben & Waxman, 2250 Southwest Third Avenue 4th Floor Miami, FL, Attorneys for Appellant William Michael Strube.

David M. Barasch, United States Attorney, Eric Pfisterer (argued), Assistant United States Attorney, Theodore B. Smith, III (argued), Assistant United States Attorney, Federal Building, P.O. Box 11754 Harrisburg, PA, Attorneys for Appellee.

BEFORE: GREENBERG and ALITO, Circuit Judges, and DOWD, District Judge

OPINION OF THE COURT

DOWD, District Judge.

I. INTRODUCTION

The appellants, Richard Pitt and William Strube, stand convicted of the primary charge of engaging in a 1994 conspiracy to possess with intent to distribute 486 kilograms of cocaine. Richard Pitt was, at the time of the conspiracy, a documented confidential informant for the United States Customs Service. Pitt and Strube defended their conduct with respect to the 486 kilograms of cocaine...

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