UNITED STATES v. GAVIRIA

No. 72-2291.

471 F.2d 1181 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ernesto De Jesus GAVIRIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 8, 1973.


Attorney(s) appearing for the Case

Lawrence E. Hoffman, Miami Beach, Fla., for defendant-appellant.

Robert W. Rust, U.S. Atty., P.D. Aiken, Marsha Lyons, Asst. U.S. Attys., Miami, Fla., for plaintiff-appellee.

Before JOHN R. BROWN, Chief Judge, and MOORE and RONEY, Circuit Judges.


RONEY, Circuit Judge:

The sole ground of appeal from this conviction for conspiracy to distribute and distribution of cocaine [21 U.S.C.A. §§ 846 and 952(a)] is that the circumstantial evidence against appellant was not sufficient to exclude to a moral certainty every reasonable hypothesis except that of guilt, so that there was insufficient evidence to support the conviction.

The government's theory was that certain co-defendants arranged with United...

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