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U.S. v. GONZALES

No. 88-2256.

866 F.2d 781 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Roberto GONZALES and Stewart McGlinchey, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 16, 1989.

Attorney(s) appearing for the Case

Thomas S. Berg, Roland E. Dahlin, II, Federal Public Defender, Houston, Tex., for Gonzales.

Michael D. Miller, court-appointed, Galveston, Tex., for McGlinchey.

Frances H. Stacy, Paula C. Offenhauser, Asst. U.S. Attys., Henry K. Oncken, U.S. Atty., Houston, Tex., for plaintiff-appellee.

Before GEE, HIGGINBOTHAM and DUHE, Circuit Judges.

DUHE, Circuit Judge:

Defendants Roberto Gonzales and Stewart McGlinchey were charged with others in a multi-count indictment involving various cocaine transactions. McGlinchey never sold directly to any drug enforcement agents but dealt cocaine to a number of middlemen, including co-defendant Gonzales who sold cocaine to an undercover agent. McGlinchey was convicted of continuing criminal enterprise (CCE), conspiracy, communications offenses, and distribution. R....

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