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UNITED STATES v. MARTINEZ

No. 72-2685.

481 F.2d 214 (1973)

UNITED STATES of America Plaintiff-Appellee, v. Rafael R. MARTINEZ, Jr., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 14, 1973.

Attorney(s) appearing for the Case

Anthony Nicholas, San Antonio, Tex., for defendant-appellant.

William S. Sessions, U. S. Atty., Joel D. Conant, W. Ray Jahn, Asst. U. S. Attys., San Antonio, Tex., for plaintiff-appellee.

Before GEWIN, THORNBERRY and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 14, 1973.

GEWIN, Circuit Judge:

On this appeal, Rafael R. Martinez seeks the reversal of his two count conviction for (1) conspiring to import approximately 628 pounds of marijuana into the United States, 21 U.S.C. §§ 952(a), 963, and to possess the same with intent to distribute, 21 U.S.C. §§ 841(a) (1), 846, and (2) the substantive offense of possessing marijuana with intent to distribute...

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