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UNITED STATES v. NEVAREZ-ALCANTAR

No. 73-1707.

495 F.2d 678 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Gilberto NEVAREZ-ALCANTAR, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 23, 1974.

Attorney(s) appearing for the Case

Don J. Svet, Asst. U. S. Atty., Albuquerque, N. M. (Victor R. Ortega, U. S. Atty., Albuquerque, N. M., on the brief) for plaintiff-appellee.

Winston Roberts-Hohl, Asst. Federal Public Defender, Albuquerque, N. M., for defendant-appellant.

Before LEWIS, Chief Judge, DURFEE, Judge, Court of Claims, and BARRETT, Circuit Judge.

BARRETT, Circuit Judge.

Gilberto Nevarez-Alcantar appeals his conviction of possession of heroin with the intent to distribute in violation of 21 U.S.C.A. § 841(a)(1).1

On April 12, 1973, Alcantar was riding as a passenger on a bus from El Paso, Texas, to San Francisco, California. While en route he became so intoxicated that he was forced to debus at Lordsburg, New Mexico. Alcantar left the bus with a locked suitcase. Shortly...

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