United States v. Paul Rogers, Michael Stuart Fichman, Raymond Francis Gustke

TJOFLAT, Circuit Judge:

Appellants Rogers, Fichman, and Gustke were convicted in the district court of conspiracy to possess marijuana with intent to distribute in violation of 21 U.S.C. § 846 (1976). We affirm the conviction of each appellant.

I

All three appellants argue that the district court erred in denying their motion to dismiss the indictment because of government overreaching in violation of their due process rights. The arrests and convictions in this case arose out of the same Drug Enforcement Agency (DEA) operation upheld in United States v. Savage, 701 F.2d 863 (11th Cir.1983).…