U.S. v. ZUNIGA-SALINAS

Nos. 90-2773, 90-2824.

952 F.2d 876 (1992)

UNITED STATES of America, Plaintiff-Appellee, Cross-Appellant, v. Nolberto ZUNIGA-SALINAS, Defendant-Appellant, Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

January 23, 1992.


Attorney(s) appearing for the Case

Richard J. Gonzalez, Laredo, Tex. (Court-appointed), for defendant-appellant.

Patty M. Stemler, Deputy Chief, Appellate Section, U.S. Dept. of Justice, Main Justice Dept., Washington, D.C., Paula Offenhauser, Jeffery A. Babcock, Asst. U.S. Attys., Ronald G. Woods, U.S. Atty., Houston, Tex., for plaintiff-appellee in No. 90-2773.

Jeffery A. Babcock, Asst. U.S. Atty., Ronald G. Woods, U.S. Atty., Mark M. Dowd, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellee in No. 90-2824.

Before POLITZ, Chief Judge, WISDOM, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA and DeMOSS, Circuit Judges.


JERRY E. SMITH, Circuit Judge:

We determined, sua sponte, to rehear this case en banc, see United States v. Zuniga-Salinas, 947 F.2d 1530 (5th Cir. 1991), at the suggestion of the panel, see id. 945 F.2d 1302, 1307 (5th Cir.1991), in order to consider whether a verdict convicting one defendant of conspiracy must be set aside where an inconsistent verdict is returned in the same...

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