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UNITED STATES v. MONTELONGO

No. 74-1685.

507 F.2d 639 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. Raul MONTELONGO and Ignacio Montelongo, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 29, 1975.

Attorney(s) appearing for the Case

John J. Pichinson, Corpus Christi, Tex., for R. Montelongo.

Charles W. Cromwell, Corpus Christi, Tex., Thomas G. Sharpe, Jr., Eduardo R. Rodriguez, Brownsville, Tex., for I. Montelongo.

Anthony J. P. Farris, U. S. Atty., Ellis C. McCullough, Mary L. Sinderson, Asst. U. S. Attys., Houston, Tex., for plaintiff-appellee.

Before RIVES, WISDOM and COLEMAN, Circuit Judges.

RIVES, Circuit Judge:

Ignacio Montelongo appeals from a judgment of conviction based on a jury verdict finding him guilty as charged in Counts 1 and 2 of a three-count indictment (No. 72-C-138 in the district court). Count 1 charged Ignacio, his brother Raul, and one Danny Lynn Staley with conspiracy to distribute "a quantity of marihuana." Count 2 charged Ignacio and Staley with possession with intent to distribute 422 grams of marihuana. Count 3 did not mention...

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