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UNITED STATES v. FERG

No. 73-3814.

504 F.2d 914 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Bernard L. FERG, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 9, 1974.

Attorney(s) appearing for the Case

Thomas D. McDowell, Corpus Christi, Tex., Joseph C. Santaguida, Philadelphia, Pa., for defendant-appellant.

Anthony J. P. Farris, U. S. Atty., Anna E. Stool, Staff Atty., James R. Gough, Asst. U. S. Atty., Houston, Tex., for plaintiff-appellee.

Before RIVES, GEWIN and GOLDBERG, Circuit Judges.

GEWIN, Circuit Judge:

In this case the government seeks an affirmance of the conviction of a defendant who was only tangentially involved in the alleged unlawful trafficking of marijuana. Because we conclude that the government has completely failed to sustain its burden of proof, we reverse. The appellant, Bernard Ferg, was indicted, tried and convicted of the alleged possession with intent to distribute marijuana in violation of 21 U.S.C. § 841(a)(1).

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