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U.S. v. RATCLIFF

No. 99-4190

245 F.3d 1246 (2001)

UNITED STATES of America, Plaintiff-Appellee, v. David Ratcliff, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

DECIDED March 26, 2001

Attorney(s) appearing for the Case

John Kenneth Zwerling, Zwerling & Kemler, P.C., Alexandria, VA, for Defendant-Appellant.

Anne R. Schultz, Miami, FL, for Plaintiff-Appellee.

Before CARNES and MARCUS, Circuit Judges, and HAND, District Judge.

CARNES, Circuit Judge:

David Ratcliff was convicted of conspiring to import marijuana in violation of 21 U.S.C. §§ 952(a) and 963, and of conspiring to possess marijuana with the intent to distribute it in violation of 21 U.S.C. §§ 841(a)(1) and 846. His convictions were based on a superseding indictment which Ratcliff argues should have been dismissed as barred by the applicable five-year statute of...

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