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UNITED STATES v. ZAPATA

No. 73-3350.

497 F.2d 95 (1974)

UNITED STATES of America, Plaintiff-Appellee, v. Mariela ZAPATA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 17, 1974.

Attorney(s) appearing for the Case

Jack V. Eskenazi, Federal Public Defender (Court-appointed not under Act), Edward B. Greene, Theodore J. Sakowitz, Asst. Federal Public Defenders, Miami, Fla., for defendant-appellant.

Robert W. Rust, U. S. Atty., Kerry J. Nahoom, Asst. U. S. Atty., Miami, Fla., for plaintiff-appellee.

Before BROWN, Chief Judge, and TUTTLE and SIMPSON, Circuit Judges.

SIMPSON, Circuit Judge:

The appeal is from an adjudication of the appellant's guilt of importation of 2000 grams of cocaine, a Schedule II controlled substance, into the United States in violation of Title 21, U.S.C., § 952(a). The sole question presented for our review is whether the trial judge properly instructed the jury as to the intent necessary to be proved to constitute guilt under § 952(a), and the accompanying...

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