PUBLISH
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
__________________________
FILED
Nos. 96-4298 and 97-5316 U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
_________________________ 12/08/99
THOMAS K. KAHN
D.C. Docket No. 92-571-CR-WDF CLERK
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
PERDRO HIDALGO, a.k.a. Pedro Hidalgo, a.k.a. Peter Hidalgo,
a.k.a. Pedro Alvarez, a.k.a. Pedro Alvarez-Hidalgo, a.k.a. “Petey”,
a.k.a. “El Flaco”, SAMUEL OLIVERA, a.k.a. El Bobo,
ANDRES CAMPILLO, a.k.a. Andy,
Defendants-Appellants.
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No. 97-5310
___________________
D.C. Docket No. 92-571-cr-WDF
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
ANDRES CAMPILLO, a.k.a. Andy,
Defendant-Appellant.
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Appeals from the United States District Court
for the Southern District of Florida
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(December 8, 1999)
Before EDMONDSON and BARKETT, Circuit Judges, and COHILL*, Senior
District Judge.
BARKETT, Circuit Judge:
Appellants Peter Hidalgo, Samuel Olivera, and Andres Campillo appeal their
convictions and sentences on multiple federal drug and firearm charges. For a
variety of reasons, each appellant seeks to have his conviction overturned and his
sentence vacated. Based upon the record in this case and having considered the
argument of the parties, we find no reversible error.
We find one sentencing issue meriting discussion. Appellants contend that
the district court erred in enhancing their sentence by two levels for “restraint of a
victim” under § 3A1.3 of the Federal Sentencing Guidelines. The victim in this
case was a co-conspirator who was suspected of betraying the other defendants,
and who rejoined the conspiracy after he was released. The appellants argue that,
as a matter of law, a co-conspirator may not be considered a victim under this
*
Honorable Maurice B. Cohill, Jr., Senior U.S. District Judge for the Western District of
Pennsylvania, sitting by designation.
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provision in the guidelines. We disagree, finding that the guideline provision
allowing enhancement for restraint of a victim contemplates the restraint of any
victim, co-conspirator or otherwise. Accordingly, we affirm the appellants’
convictions and sentences.
AFFIRMED
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