UNITED STATES v. CANTU

No. 72-2391 Summary Calendar.

469 F.2d 679 (1972)

UNITED STATES of America, Plaintiff-Appellee, v. Fernando Medina CANTU, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 22, 1972.


Attorney(s) appearing for the Case

Roger C. Rocha, Lazaro Garza-Gonoora, Jr., Laredo, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., Anthony C. Aguilar, Asst. U. S. Atty., Laredo, Tex., for plaintiff-appellee.

Before BELL, DYER and CLARK, Circuit Judges.


PER CURIAM :

In a three count indictment Cantu was charged with (1) conspiracy to possess and distribute marihuana; (2) possession with intent to distribute ; and (3) distribution of nineteen pounds of marihuana, all in violation of 21 U.S.C.A. § 841(a)(1). He was found guilty of the conspiracy count and not guilty of the distribution count. Count 2 was withdrawn from the jury and dismissed. On appeal Cantu complains of the refusal of the district court to grant...

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