UNITED STATES v. LONABAUGH

No. 73-2241.

494 F.2d 1257 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Ellsworth E. LONABAUGH, III, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 17, 1973.


Attorney(s) appearing for the Case

James S. Hale, Harlingen, Tex., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Robert Darden, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before TUTTLE, DYER and MORGAN, Circuit Judges.


LEWIS R. MORGAN, Circuit Judge:

Appellant Lonabaugh was convicted in an non-jury trial in the District Court for the Southern District of Texas, Brownsville Division, of conspiracy to possess marihuana with intent to distribute and possession of marihuana with intent to distribute.1 The only question presented for review is whether the district court erred in overruling Lonabaugh's motion to...

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