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U.S. v. IVEY

No. 90-8724.

949 F.2d 759 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Jack IVEY and William "Rusty" Wallace, III, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

December 17, 1991.

Attorney(s) appearing for the Case

Dan Newsome, Marfa, Tex. (Court-appointed), for Jack Ivey.

Ronald J. Waska, Harry N. Monck, Houston, Tex., for William "Rusty" Wallace, III.

Joseph H. Gay, Jr., LeRoy Morgan Jahn, Asst. U.S. Attys., Ronald F. Ederer, U.S. Atty., San Antonio, Tex., for plaintiff-appellee.

Before CLARK, Chief Judge, WILLIAMS and BARKSDALE, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Appellants Jack Ivey and William "Rusty" Wallace, III were indicted and convicted of one count of conspiracy to buy bobcat hides brought into the United States from Mexico contrary to law and several counts of smuggling contrary to 16 U.S.C. § 1538(c)(1) and 50 C.F.R. § 23.11(b)(1). Both appellants assert that the jury verdict should be reversed due to defects in the indictment and the jury charge as well as insufficiency...

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