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U.S. v. MARGARITA GARCIA

No. 14-11845.

906 F.3d 1255 (2018)

UNITED STATES of America, Plaintiff-Appellee, v. Lourdes MARGARITA GARCIA, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 19, 2018.

Attorney(s) appearing for the Case

Jonathan Colan , Kathleen Mary Salyer , Anne Ruth Schultz , Jose A. Bonau , Andy Ross Camacho , Wifredo A. Ferrer , Emily M. Smachetti , MIAMI, FL, for Plaintiff-Appellee.

Michael Caruso , Federal Public Defender, Federal Public Defender's Office, MIAMI, FL, for Defendant-Appellant.

Before MARCUS and WILSON, Circuit Judges, and GRAHAM, District Judge.

This is a troubling case. There can be no doubt—and the government does not contest the point—that constitutional error occurred. It is also clear that the error was plain and obvious. The decision to allow the government to introduce inculpatory evidence while both the defendant and her lawyer were absent for...

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