U.S. Court of Appeals for the Eleventh Circuit, 1982

United States v. Frank J. Vadino, Elio Perez-Herrera, Ivan L. Stephans, Eduardo Comesana, and Ralph Natale

United States v. Frank J. Vadino, Elio Perez-Herrera, Ivan L. Stephans, Eduardo Comesana, and Ralph Natale
U.S. Court of Appeals for the Eleventh Circuit · Decided November 15, 1982 · Godbold, Per Curiam, Roney, Wood
691 F.2d 977; 1982 U.S. App. LEXIS 24092 (Federal Reporter, Second Series)

United States v. Frank J. Vadino, Elio Perez-Herrera, Ivan L. Stephans, Eduardo Comesana, and Ralph Natale

Opinion

PER CURIAM:

We said with respect to Stephans that his participation in the conspiracy was established by overwhelming evidence independent of the Perez-Herrera statements. We recited that independent evidence. To erase any doubt of what we meant by our holding, admissibility of the Perez-Herrera statements against Stephans was harmless error beyond reasonable doubt under Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967).

The petitions for rehearing of Stephans, Comesana, Natale and Vadino are DENIED, 680 F.2d 1329, and no member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en banc (Rule 35, Federal Rules of Appellate Procedure; Eleventh Circuit Rule 26), the suggestions for Rehearing En Banc of Stephans, Comesana, Natale and Vadino are DENIED.

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