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2d 1533
Non-Argument Calendar.
United States Court of Appeals,
Eleventh Circuit.
July 28, 1986.
Bruce A. Zimet, Ft. Lauderdale, Fla., for Gualdado.
Robert D. Hertzberg, Amanda Maxwell, Miami, Fla., for Fernandez.
R. Jerome Sanford, Miami, Fla., for Morales.
Leon B. Kellner, U.S. Atty., Robert M. Lipman, Linda Collins-Hertz,
Sonia Escobio O'Donnell, William T. Shockley, Asst. U.S. Attys., Miami,
Fla., for plaintiff-appellee.
Appeals from the United States District Court for the Southern District of
Florida.
Before HILL and VANCE, Circuit Judges, and BROWN* , Senior Circuit
Judge.
PER CURIAM:
noted that the magnitude of the drug transaction was a critical factor in the
court's determination that the use of deadly force was reasonably foreseeable.
The value of the cocaine at issue here far exceeded that in Alvarez, such that
appellants "must have been aware of the likelihood ... that deadly force would
be used, if necessary, to protect the conspirators' interest." Id. at 849. Further,
Fernandez and Gualdado participated in the events leading up to the attempted
rammings. After the initial attempt, Fernandez and Gualdado commenced
jettisoning the illegal cargo, lightening the load of the boat and allowing them
to achieve higher rates of speed. In reviewing the record, we find ample
evidence to support the jury's conclusion that the attempted rammings were a
reasonably foreseeable consequence of appellants conspiracy to smuggle
cocaine into this country.
5
AFFIRMED.
Honorable John R. Brown, Senior U.S. District Judge for the Fifth Circuit,
sitting by designation