United States v. Carlos Eduardo Fernandez. Appeal of Carlos Fernandez

OPINION

GREENBERG, Circuit Judge.

This matter is before the court on an appeal by Carlos Fernandez from an order dated May 21, 1990, and entered May 24, 1990, in this criminal case. The circumstances leading to this appeal are as follows.

At a jury trial in 1985 Fernandez was convicted of: (1) conspiracy to distribute and possess cocaine with intent to distribute, 21 U.S.C. § 841(a)(1), count 1; (2) conspiracy to import cocaine, 21 U.S.C. § 952(a), count 2; (3) knowingly engaging in a continuing criminal enterprise, 21 U.S.C. § 848, count 3; and (4) knowingly using a telephone in facilitating…