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U.S. v. BERNAL-BENITEZ

No. 08-10308.

594 F.3d 1303 (2010)

UNITED STATES of America, Plaintiff-Appellee, v. Fabian BERNAL-BENITEZ, Fredy Villafuerte, Jesus Cervantes-Guzman, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 25, 2010.

Attorney(s) appearing for the Case

Jose Rafael Rodriguez (Court-Appointed), Miami, FL, for Bernal-Benitez.

Mauricio L. Aldazabal (Court-Appointed), Coral Gables, FL, for Villafuerte.

Thomas F. Almon (Court-Appointed), Miami, FL, for Cervantes-Guzman.

Jon M. Juenger, Anne R. Schultz, Miami, FL, for U.S.

Before TJOFLAT, BLACK and COX, Circuit Judges.

TJOFLAT, Circuit Judge:

On July 10, 2007, FBI agents arrested Fabian Bernal-Benitez ("Bernal"), Mario Miguel Santibanez-Antunez ("Santibanez"), Fredy Villafuerte, and Jesus Cervantes-Guzman ("Cervantes") for attempting to buy cocaine from an FBI informant in Miami. On August 30, 2007, a Southern District of Florida grand jury returned a five-count indictment against the four arrestees. Count 1 charged all four with violating 21 U.S.C. § 846 by conspiring to possess...

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